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(영문) 대전지방법원 천안지원 2018.11.23 2018고정460
횡령
Text

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

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

Reasons

Punishment of the crime

On November 9, 2016, the Defendant entered into a contract with the employee in charge of the said vehicle with the lessee until November 15, 2016, on condition that the Defendant would pay the victim’s E-5 vehicle owned by the victim from the victim’s C’s operation D in Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, and used the said vehicle for storage of the victim after receiving the said vehicle from the victim.

The defendant did not return the above vehicle even after the expiration of the above lease period, and the victim demanded the defendant to immediately contact with the defendant and return the vehicle, but the defendant did not pay the rental expenses incurred additionally, on November 14, 2016, and on November 14, 2016, the defendant did not return the said vehicle until the victim directly recovers the vehicle.

Accordingly, while the Defendant was in custody of a siren owned by the victim, the Defendant refused to return the siren without any justifiable reason even if he/she received a request for return of the siren from the injured party upon termination of the lease contract.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. C Application of the Acts and subordinate statutes governing filing of complaint;

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. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following circumstances: (a) the reason for sentencing of the instant crime; (b) the motive and consequence of the instant crime; (c) the circumstances after the instant crime; and (d) the criminal record of the Defendant’s criminal punishment; and (c) the punishment as set forth in the text.

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