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(영문) 서울중앙지방법원 2014.09.05 2014고정3279
횡령
Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

On November 19, 2011, the Defendant used sirens on the condition that the victim paid a siren of KRW 600,000 per month to use the new SM5 C vehicle managed by the victim at the victim’s scar (main place of business) located in Songpa-gu Seoul, Songpa-gu, Seoul, on the condition that he/she paid a siren of KRW 600,000 per month, and was demanded to return the vehicle from July 201 to September 17, 2012.

As such, while the Defendant kept the victim’s vehicle, he refused to return the vehicle on September 17, 2012 and embezzled the said vehicle in an amount equivalent to KRW 14,570,000 at the market price by saving his whereabouts.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement D in the second protocol of suspect examination of the accused against the accused;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes on car rental contracts;

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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