logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.07.13 2018고정1429
횡령
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On October 26, 2017, the Defendant was sentenced to a suspended sentence of 8 months of imprisonment with prison labor for a crime of aiding and abetting perjury in the Incheon District Court Branch of the Incheon District Court, and on November 3, 2017, the judgment was finalized on November 3, 2017.

On December 8, 2014, the Defendant entered into a vehicle lease agreement (long-term) with a siren (ju) and a vehicle lease agreement to pay a monthly rent of KRW 48 months and KRW 484,000 on the 25th day of each month, in an office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of the office of

On January 10, 2015, the Defendant received and kept D 5 vehicles of an amount equivalent to KRW 13.650,000,000 at the market price at the above place and used them in custody in the same year, and the Defendant has unpaid monthly usage fees from July of the same year.

9.7 On the other hand, even if the complainant's notification of return of the vehicle was given by the complainant's company, the complainant's refusal to return the vehicle without good cause and embezzled it.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police for E;

1. A complaint filed and a contract for lease of a motor vehicle;

1. Investigative reports ( telephone conversations between a complainant's agent and a recording statement);

1. A previous conviction: The Defendant asserts to the effect that he is not guilty, as he did not receive a notice of criminal history inquiry, the search and judgment of the Komnet case [the Defendant was a multiple times at the time and did not return a vehicle from the damaged company.]

It is recognized that the defendant was unable to directly contact the victim company due to the escape for about two years from the time of delinquency of monthly user fee for the leased vehicle.

However, according to the terms and conditions of the vehicle lease agreement entered into between the Defendant and the victimized company, if the lessee fails to perform his/her obligation once a month, the lessor may terminate the vehicle lease agreement and request the return of the vehicle or recover the vehicle if the lessee fails to perform the obligation within the given period.

In April 2015, the Defendant began to delay the monthly user fee.

arrow