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(영문) 광주지방법원 순천지원 2014.06.10 2013고정936

횡령

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant, a person running a construction business at river times, was entitled to receive a claim from C in relation to the supply of construction materials, and C was operating DYF strawet, a victim’s petcar, around the instant case.

The Defendant, in relation to the above claim, transferred to the police box of the Defendant, brought the Defendant with a mind to collect the claim by transferring the Defendant’s believers to the police box, induced C from March 7, 2012 to the Defendant’s office located far away from approximately 150 meters of the peace box located at the time of gos, and carried the said vehicle directly, driving the said vehicle to the front line of the police box, and driving the said vehicle to the front line.

However, upon considering that C had to clarify the fact of multiple times, the Defendant immediately escaped, and the Defendant thought that C actually owns the said vehicle with the victim’s company or that C had a friendship with the victim, with the intent of securing C’s new disease by exchanging the vehicle with the return of the vehicle, and parked the said vehicle in the vicinity of the E-Namnam University Scampus, which is located in the E-Namndong at the time of drinking water, and failed to inform the victim requesting the return of the vehicle of the location of the vehicle, and concealed it.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. A written statement;

1. Application of Acts and subordinate statutes to a copy or record of an automobile registration certificate;

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense and Article 366 of the Selection of Punishment;

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

1. Judgment on the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act

1. The defense counsel of the assertion asserts that the defendant had no intention to harm the utility of the instant motor vehicle.

2. Determination, however, the crime of causing property damage under Article 366 of the Criminal Act is established when the utility of another person's property is damaged by the destruction, concealment, or other means. The phrase "the act of damaging the utility" means the act.