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(영문) 광주지방법원 목포지원 2014.05.30 2014고정13

횡령

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

From February 2, 2011, the Defendant embezzled the office fixtures of an amount of KRW 42,00,000,000, such as books owned by the victim C, by arbitrarily selling them to D around June 201.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and E;

1. Part C of the third protocol of examination of suspect against the defendant in the prosecution;

1. Statement to C by the police;

1. A written confirmation of transaction of goods [the defendant asserts that he would sell equipment to D with prior consent from the victim. However, the defendant stated that ① at the time of the initial police investigation into the instant case, the defendant did not at all assert that he would have obtained prior consent from the victim to sell the equipment, ② the defendant stated that he transferred office and equipment to D around June 10, 201 even though he did not contact with the victim because he did not promptly transfer the F, E's office and equipment to D at the time of the investigation into the prosecution (in the process of the prosecutor's report, the defendant added the phrase that the victim would dispose of the equipment without resolving seven million won from E until May 201).

(3) At the investigation stage, the Defendant did not at all assert that the victim gave substantial consent to the sale of the equipment to the Defendant at the location of G, etc. (in an investigative agency, a telephone investigation into G was conducted, but it was related to the fraud reported by F, not to the embezzlement of the victim, but to the embezzlement of the victim.

In light of the above, the defendant's assertion is difficult to accept, and according to each evidence of the judgment, such as witness C and E's testimony, the defendant's embezzlement crime is sufficiently recognized).

1. Relevant Article 355(1) of the Criminal Act concerning facts constituting an offense and Article 355(1) of the Criminal Act concerning the selection of a fine;