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(영문) 의정부지방법원 2018.09.21 2018고단2262
횡령
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On January 4, 2016, the Defendant entered into a lease agreement with the victim BW vehicles Korea Co., Ltd. on the condition that the amount of KRW 19.6 million per month and KRW 9.80 million per month are paid for 5 years, and the Defendant received the said vehicles and kept the said vehicles for the victim.

On February 10, 2017, the Defendant’s request was made in front of the building B at Dongducheon-si, requiring a sudden vision on the business, and requested the loan, and the Defendant contacted the “lease Vehicle Security loan” through the Internet through the Internet, and only B B by linking the said vehicle with a mobile phone and receiving a loan of KRW 13 million between two months as security. The Defendant embezzled the victim’s property by providing the above vehicle as security along with the certificate of seal impression, registration certificate, lease contract, and vehicle license slip.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes governing rental vehicle contracts;

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The criminal liability for the crime can be applied to a vehicle distributed by the Defendant for the reason of sentencing of Article 334(1) of the Criminal Procedure Act, because the vehicle can be used for committing the crime.

However, considering the fact that the defendant led to the crime, the lease fee for the victim seems not to have been in arrears, the fact that the defendant has no criminal record for the same kind of crime, the defendant's age, sexual conduct, environment, motive, circumstances, means, methods, and results leading to the crime of this case, and all the sentencing conditions mentioned in the records of this case and the previous theories, such as the circumstances before and after the crime, shall be determined as ordered.

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