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(영문) 제주지방법원 2020.04.24 2020고정65

횡령

Text

Defendant shall be punished by a fine not exceeding one million won.

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

Reasons

Punishment of the crime

On December 30, 2017, the Defendant found D’s “D” operation, which is the complainant in Jeju-si, as of December 30, 2017, and embezzled the B’s “F” operation by December 31, 2017, by means of arbitrarily disposing of the amount equivalent to KRW 55,00,00,00 in the market price of Kwikset Office, KRW 140,000 in the market price of Ba (140,000 in the market price) and KRW 65,00 in the market price of Bara (65,00 in the market price).

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement made by the police officer C on the statement; and

1. Entry in a petition filed by C;

1. The application of each investigation report (including accompanying documents) by police officers to each investigation report (including attaching photographs of the details stored in the cellular phone of the complainant, the identity of the suspect, / the suspect's assertion of the suspect, and the investigation of witnesses outside the case) and video (including accompanying documents);

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

1. Articles 70 (1) 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 is for sentencing of Article 334(1) of the Criminal Procedure Act, 【Scope of the sentence to be imposed by law】 A fine of KRW 50,000,000,000 for a fine of KRW 1 million. However, in light of the fact that the Defendant was sentenced to a fine of KRW 6 million for embezzlement (an offence committed in 2016) from the Daegu District Court Kimcheon branch on January 15, 2019 (an offence committed in 2016), and that the Defendant did not receive a letter from the victim, the amount of the above fine is not excessive.

It is so decided as per Disposition for the above reasons.