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(영문) 수원지방법원 안산지원 2015.07.10 2015고정850
횡령
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 5, 2014, the Defendant entered into a long-term siren contract with the victim KB Capital Capitals and the cruise 1.8 DOHC (B) car at the office of the KB Capitals Station located in Suwon-si, Suwon-si, 395, on the condition that the Defendant would pay for 48 months the rental fee of KRW 539,700 per month, and had the said car kept for the victim.

However, the Defendant delayed payment of the said siren from December 2, 2014 to March 2015, and received a notification of the termination of a siren contract from the victim and embezzled the return of the vehicle without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Written application for siren, written application for long-term lease, written agreement for long-term sirens, and written contract for long-term sirens;

1. Automobile register;

1. Current status of deposits;

1. Application of the notification of expected guidance for termination of each long-term siren;

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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