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(영문) 수원지방법원 안산지원 2014.05.20 2013고정2245
횡령
Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On January 22, 2013, the Defendant: (a) concluded a lease agreement on the Crecin machinery (hereinafter referred to as the “F”) owned by the victim, to pay KRW 2,00,000 per month at the D Office located in Suwon-si, Suwon-si; (b) entered into a lease agreement on the Crecin machinery (hereinafter referred to as the “207 Erecination”); and (c) kept the said Crecin machinery on behalf of the victim.

Although the Defendant was unable to pay cream rents from April 2013 to May 2013, 2013 and was requested by the victim, etc. to return cick machines several times, the Defendant did not refund the cream rents until July 28, 2013 without justifiable grounds.

Accordingly, the defendant, while keeping the property owned by the victim, refused to return the property.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. E prosecutorial statement;

1. A copy of a mechanical rental contract, and a certificate of details of the leased article;

1. Application of Acts and subordinate statutes on account transactions;

1. Relevant Article 355 (1) of the Criminal Act and Article 355 (1) of the Criminal Act (the point of embezzlement and the choice of fines);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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