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(영문) 수원지방법원 2020.01.30 2019고정1629

횡령

Text

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

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

Reasons

Punishment of the crime

Around April 19, 2018, the Defendant entered into an agreement on the acquisition of a laundry with the purport to acquire the said laundry at KRW 12 million in the “E” operated by the [E] set forth by the [E] World Trade Organization B and the 1st floor victim C in Gyeonggi-si, Gyeonggi-do, and the said agreement was terminated because it did not pay the lease deposit until July 31, 2018.

From April 19, 2018, the Defendant embezzled, around October 15, 2018, TV (300,000 won), air conditioners (500,000 won), air conditioners (300,000 won), telephone (100,000 won), air conditioners (50,000 won), straws (including boiler, 1,400,000 won), straws (1,50,000 won), and straws (1,80,000 won) owned by the victim in a laundry by the Defendant, while leaving the building of the said laundry, by means of having the said 4,950,00 won at the market.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. F's factual confirmation;

1. Application of Acts and subordinate statutes to the photograph of laundry house;

1. Relevant Article 355 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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;