logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 안양지원 2018.01.12 2017고정538
횡령
Text

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

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

Reasons

Punishment of the crime

On February 25, 2014, the Defendant entered into a lease agreement on a motor vehicle of KRW 70,770,000 at the market price of KRW 70,000,000, which is owned by the victim C Co., Ltd. under the name of the Defendant’s management B, and was in custody for the victim company after delivery of the said motor vehicle at around that time. On November 25, 2015, the Defendant embezzled the said motor vehicle by refusing to return the said motor vehicle without justifiable grounds even if the Defendant requested the victim company to return it on March 18, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and F;

1. Certification of all the registered matters;

1. Automobile registration certificate (D);

1. Notice on repayment of rent, termination of a contract, and notification on the return of a vehicle;

1. Application of Acts and subordinate statutes to the payment statement;

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act concerning the choice of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

arrow