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(영문) 수원지방법원 성남지원 2015.12.10 2015고단2223
횡령
Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be postponed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 20, 2014, the Defendant entered into a contract for the lease of automobile facilities (lease) on the condition that the contract is terminated in the event that the return of the vehicle or the difference after the expiration of the contract period, the takeover of the vehicle or the difference after the expiration of the contract period of 24 months, and the lease fee of the vehicle is terminated in the event that the contract is delayed for 4 months, with respect to the new card Co., Ltd. and B 1,550,000,000 won of the principal to be paid to the victim at the fourth floor of the 4th floor of the 2011 Jinari-dong, Seongbuk-dong, Seongbuk-dong, Seongbuk-dong, the Defendant agreed on the terms and conditions that the contract is terminated.

Nevertheless, the Defendant’s failure to pay rent after paying the monthly rent on April 2014, and received notification of the termination of the lease contract due to arrears for at least four months from August 2014, and requested the return of the vehicle, but embezzled by refusing to return the vehicle.

Summary of Evidence

1. Defendant's legal statement;

2. The police statement concerning C;

3. The application of statutes on the motor vehicle lease table, the motor vehicle register, the cancellation of the lease agreement, the notification of counter-payment of the vehicle, and the overall balance;

1. Article 355 (1) of the Criminal Act applicable to the crimes;

2. Article 62 (1) of the Criminal Act (including the fact that the injured party does not want the punishment of the accused).

3. Article 62-2 of the Criminal Act;

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