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(영문) 수원지방법원 2013.09.27 2013고단2830

횡령

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Criminal facts

On December 14, 2007, the Defendant entered into a lease agreement with Samsung Card Co., Ltd. and B, a company, to pay rent of KRW 479,00 per month during the period from October 15, 2010 to October 15, 2010, and to return the said car to the same company at the expiration of the period.

On September 24, 2009, the Defendant borrowed KRW 50 million from E from D Practice Chapter operated by the victim in Busan Jung-gu, Busan on September 24, 2009 on the part of the victim, and, in other words, from tin to E at will, he arbitrarily set one of the above Indian car equivalent to KRW 34,682,520 as a collateral for the above borrowed money.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to F and E;

1. Application of Acts and subordinate statutes on filing a complaint of E;

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the choice of punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order was determined by taking into account the following: (a) the Defendant’s revocation of the complaint against the Defendant by mutual consent with the victim; (b) there are circumstances to consider the circumstances leading to the crime; and (c) the Defendant’s primary offender.