beta
(영문) 광주지방법원 2017.09.08 2016고단4898

횡령

Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be applied.

Reasons

Punishment of the crime

1. On October 2014, the Defendant lent one power generator (market price equivalent to 1.5 million won) owned by the victim C in the warehouse of the victim C located in Gwangju Mine-gu, Gwangju, and embezzled without any justifiable reason even if he/she used it at the construction site of the Gwangju Dong-gu D D branch.

2. On June 20, 2016, the Defendant lent 20 or more tools of work, such as the crypry and brypryle, owned by the victim, at the victim F’s residence located in the Southern-gun E (the victim’s claim amounted to KRW 15 million), and embezzled by failing to return the tools, even if the victim was requested to return the tools, without justifiable grounds.

Summary of Evidence

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Application of Acts and subordinate statutes to each police statement protocol with respect to C and F, each prosecutorial investigation report (verification of details of the return of damaged articles);

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order is that a considerable number of tools from among the sections of the crime No. 2 as indicated in the judgment following the complaint in this case, have been returned, and the defendant's age, sex, environment, circumstances before and after the crime in this case, and the circumstances of all the sentencing recorded in the records shall be determined as ordered by taking into account the following factors: