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(영문) 전주지방법원 군산지원 2016.09.23 2016고단398
횡령
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On December 3, 2014, the Defendant entered into a motor vehicle lease agreement with the victim Hyundai Capital Co., Ltd. and the victim Co., Ltd., with a vehicle lease agreement of KRW 48 months, monthly lease rate of KRW 688,200, and received from the victim, from that time, the Defendant used the above high-speed car from the victim company.

The Defendant did not return the vehicle without justifiable grounds, even though the Defendant failed to pay rent for the second half of the lease on January 12, 2016 while keeping the said vehicle on behalf of the victim company, and was requested by the victim to return the said vehicle, along with the notification of the termination of the lease contract, from the victim company.

Accordingly, the Defendant embezzled one car owned by the victim in the amount of KRW 20,940,750 of the market price.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 355 (1) of the Criminal Act and the choice of a fine concerning the facts constituting an offense (see, e.g., Supreme Court Decision 2006Da120

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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