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(영문) 대구지방법원 2019.09.04 2019고정288

횡령

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 28, 2017, the Defendant borrowed KRW 3 million from the Victim B Co., Ltd. and the Victim C Co., Ltd., the Defendant transferred KRW 4.5 million each of the Defendant’s residence to each of the Defendant’s KRW 10 million and the total amount of KRW 9 million among the KRW 10 million of the claim for the refund of the lease deposit against the D Building E, Daegu-gu, North Korea.

Nevertheless, on May 28, 2018, the Defendant retired from the above D Building E upon the termination of the lease agreement, and embezzled KRW 7.5 million after receiving the lease deposit amount of KRW 10 million from F, which was deducted from the unpaid monthly rent of KRW 10 million, from the lessor, and being kept for each victim on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. A cash loan for consumption:

1. A contract for transfer and takeover of lease deposit;

1. Notice on the transfer of bonds;

1. An apartment lease contract;

1. Application of the provisions of Acts and subordinate statutes on payment;

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

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;