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(영문) 부산지방법원 2014.09.17 2014고정970
횡령
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 20, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) at the Busan District Court on March 20, 201, and the judgment became final and conclusive on March 28, 2013.

On March 23, 2011, the Defendant: (a) entered into a motor vehicle lease agreement with the owner of the Kti Capital Capital Co., Ltd., Ltd., 34,181,000, and the owner of the vehicle for 36 months of the monthly rent of 810,800 won; (b) around April 2012, the Defendant, who was operating the said vehicle by leasing the vehicle from around the time, embezzled D with the purpose of raising employees’ benefits and the company’s operating funds at C offices located in the Busan-gu B and the second floor of Busan-gu, Busan-do, Busan-dong, Busan-do, with the intention of raising employees’ benefits and the company’s operating funds, and embezzled D with the above amount of KRW 1,100,000 as a collateral for the aforesaid golf vehicle.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A copy of the automobile lease contract, a copy of a claim/receiving statement, a peremptory notice to return the leased vehicle, and a copy of the automobile registration certificate;

1. Previous records: Application of criminal records and other inquiry reports, and copies of written judgments in Busan District Court Decision 2012 Godan899;

1. Relevant Article 355 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) 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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