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(영문) 창원지방법원 2021.01.12 2020고정462

횡령

Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The Defendant agreed to use the victim’s electronic equipment, gyms, etc. in the house when the victim was living together with the victim’s house in order to perform his/her funeral on the beach of the East Sea in Gangwon-do.

A. On September 17, 2019, the Defendant: (a) around 11:00, the second floor house with the victim in Ansan-si in Gyeonggi-do entered into a lease contract with the victim in Ansan-si in Gyeonggi-do; (b) was disposed of at least KRW 200,000, the market price of which is equivalent to KRW 300,00,000; (c) the complex period of which is equivalent to the market price of KRW 200,000,000; and (d) a small-sized air conditioning which is equivalent to KRW 60,000,000, the market price of KRW 2,000,000, market price of which is equivalent to KRW 150,000,000; and (e) a 3,010,000,000,000,000 at the market price of the 1,00,000.

B. Around 06:00 on September 20, 2019, the Defendant, as a director in the second floor house located in Ansan City, embezzled the amount of KRW 1,470,000 in the vehicle with a total amount of KRW 1,470,00,000 in the market value of KRW 400,000,000, for the victim’s use and storage. The Defendant embezzled the amount of KRW 1,470,00,00 in the vehicle with a total of KRW 40,000 in the market value of KRW 50,00.

Summary of Evidence

1. Application of Acts and subordinate statutes on seizure of photographs of the police statement protocol to victims of the police interrogation protocol, and list investigation reporting protocol to the accused;

1. Article 355 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of an alternative fine for punishment (which will be served on public notice; hereinafter the same shall apply);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.