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(영문) 광주지방법원 2018.03.28 2017고단1698
횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 30, 2015, the Defendant entered into a car lease agreement with the victim Non-Pable Social Services Korea Co., Ltd. at the Seo-gu Seoul metropolitan exhibition office located in Gwangju-gu with respect to the car of KRW 34,400,000 equivalent to the market price of the victim company, which is owned by the victim company, with respect to the car of KRW 36 months, monthly rent of KRW 51,586, which is the lease period, and had it kept in custody by receiving the above vehicle from the victim company.

By February 1, 2016, the Defendant: (a) paid only rent of KRW 4,611,240 to the victim company; and (b) did not pay the remainder; (c) was terminated on March 17, 2016; and (d) was requested from the victim company to return the said vehicle from around that time, the Defendant borrowed money from the credit service provider E on August 22, 2016 and provided the said vehicle for the purpose of securing this.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A written statement;

1. The application of statutes on financial leasing terms and conditions, such as the proof of contents, an application for financial services, an agreement on financial leasing, and financial lease

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 of the Criminal Act concerning the choice of punishment;

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