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(영문) 서울중앙지방법원 2016.04.06 2015고단1909
횡령
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The facts charged in this case

A. On July 25, 2013, the Defendant: (a) entered into a lease agreement with the victim on July 25, 2013 on one of the automatic three occasions (hereinafter “the instant automatic three occasions”); (b) KRW 120,50,000,000 (hereinafter “the acquisition cost”) of the victim and the victim’s automatic three times (hereinafter “the instant automatic three times”); (c) monthly rent of KRW 36 months; and (d) at the G gas station operated by the Defendant located in the Gangseo-gu Seoul Metropolitan Government, Gangnam-gu, Seoul; and (d) installed the said automatic three times in delivery from the manufacturing company; and (e) was kept while using the said automatic three times.

According to Articles 9 and 14 of the above Lease Agreement and Article 3(2) of the Standard Terms and Conditions, the defendant only has the right to possess and use the above automatic set, and in any case, he cannot dispose of the above automatic set prior to the expiration of the contract at will.

However, on August 29, 2014, the Defendant sold and embezzled the said automatic scraper to (State) J without permission at (State) I Office located in Songpa-gu Seoul, Songpa-gu, Seoul.

B. On May 26, 2013, the Defendant: (a) entered into a lease agreement with the victim and the victim for four-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-year-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one (hereinafter “instant-one-one-way-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-one-way

According to Articles 7 and 10 of the above Lease Contract and Article 3(2) of the Standard Terms and Conditions, the defendant only has the right to possess and use the aforementioned alcoholic and steam, and in any case, he cannot dispose of the said alcoholic and steam at will prior to the expiration of the contract.

However, the defendant is in the Songpa-gu Seoul Metropolitan Government H on August 29, 2014 (State) I.

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