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(영문) 대전지방법원 2015.11.30 2015고단2583

횡령

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 5, 2013, the Defendant: (a) agreed to rent and use the temporary materials, such as the pump, owned by the victim during the month in which he/she used them; and (b) agreed to return them from the victim to the 23th day of the same month; (c) even though the lease period has elapsed, the Defendant leased the temporary materials from the victim several times during the lease period; (d) on November 201, 2013, the Defendant refused to return the remaining temporary materials equivalent to KRW 29,332,60 at the market price, such as the list of crimes in the attached Table, without justifiable grounds, even if the Defendant requested the victim to return them.

Summary of Evidence

1. Legal statement of witness F;

1. The prosecutor's protocol of interrogation of the accused (including F's statement)

1. A criminal investigation report (verification of unclaimed materials), a criminal investigation report (calculated of the amount of unclaimed materials), and a criminal investigation report (report related to the calculation of the value of unclaimed goods);

1. On April 5, 2013, the contract for temporary re-lease, each invoice, and each temporary re-return (the defendant alleged that he/she was unable to return the temporary materials leased from the victim because of the loss or theft of the temporary materials leased from the victim, etc. However, if the defendant actually lost them due to the following circumstances known by the evidence duly adopted and investigated by this court, that is, the proportion of the unclaimed temporary materials is considerable, and the return was commenced for a considerable period after the victim's complaint was filed, the defendant did not accurately specify the location of the temporary materials leased from the victim, and the size and quantity of the temporary materials leased by the defendant, etc., it is difficult to determine that the temporary materials not returned by the defendant were entirely or partially lost or destroyed (the fact that the temporary materials are leased and whose property value is considerable).