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Reasons
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(영문) 서울중앙지방법원 2017.11.29 2017고단4173
횡령
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant: (a) around November 18, 2014, at E’s office located in Seocho-gu Seoul Metropolitan Government, the Defendant: (b) concluded a financial lease agreement with Korea Co., Ltd. to set the amount of KRW 70,000,000 for financial application amount of KRW 36 months; (c) lease fee of KRW 2,314,317; and (d) occupied and used a car owned by the leased victim from the time of the conclusion of the above financial lease agreement; (b) occupied and used the said car for the victim; (c) borrowed KRW 30,00,000 from G from the mutual influenz located in Changdong-dong Seoul Special Metropolitan City, Nowon-gu around April 2015, and embezzled it by delivering the said car with the market price of KRW 70,000,000,000 as security.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. Statement of each protocol concerning the suspect examination of H in the police station (including the part concerning the statement of the defendant);

1. Statement concerning I in a protocol concerning the suspect examination of the police officer;

1. Written statements prepared by the J;

1. Statement of a written confirmation of fact prepared by K;

1. "Custody of property" in the grounds of embezzlement for the judgment of conviction under Article 355 (1) of the Criminal Act and Article 355 (1) of the Criminal Act as to the facts constituting an offense of applying the contract confirmation, the automobile registration ledger, and the lease contract, refers to the status in which the property is in de facto or legal control, and the custody of the property shall be based on the entrusted relation. However, according to each of the above evidence, the management of affairs, customs, cooking, and the principle of good faith may also be established without any need to be established under a contract such as use lending, lease, delegation, etc. (see Supreme Court Decision 2008Do4859, Sept. 11, 2008, etc.).

L owned by the instant car, which was operated by the corporation C, and actually operated by the corporation C

M. ;

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