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(영문) 대구지방법원 2016.09.07 2016고정1375
횡령
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 27, 2012, the Defendant entered into an agreement with the Defendant under the name of the Defendant on the condition that the Plaintiff would pay the 1st share of the BM5 car at the market price of KRW 13,500,000 from the 13,50,000,000 each month for 36 months, and received the vehicle.

Such lease vehicle shall pay the lease price faithfully during the term of the contract, and if the contract is terminated due to the failure to perform it, the vehicle shall be returned immediately.

Nevertheless, on May 13, 2013, the Defendant embezzled the said vehicle in response to the request of the victim for return of the vehicle with the notification of termination of the contract, as it did not pay the lease price from around May 13, 2013

Summary of Evidence

1. Part of the defendant's legal statement;

1. A protocol concerning the police investigation of the accused (including part concerning theC statement);

1. Statement of the police statement regarding C;

1. Application of statutes, such as business registration certificates, motor vehicle registration certificates, written agreement, and deposit details;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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