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(영문) 부산지방법원 2021.02.17 2020고정1112

횡령

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 2018, the Defendant sold two air conditioners to D during the custody of the Defendant, who had been urged to repay debts from the Defendant during the period of January 2019, and the said air conditioners sold two air conditioners to D, who did not know that the said air conditioners were the victim’s ownership, and sold the said air conditioners to D with two air conditioners sold the said air conditioners and used them for debt repayment.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made with respect to B or D;

1. Application of Acts and subordinate statutes, such as remittance details, investigation report (to make statements by a witness to small and medium enterprises keeping air-conditioning or heating equipment);

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) of the Criminal Act and Article 69(2) of the Criminal Procedure Act (Article 333(1) of the Criminal Procedure Act) concerning the detention in a workhouse;

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