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(영문) 광주지방법원 2016.09.29 2016고정692

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

On October 7, 2014, the Defendant: (a) through the sales agent of the Victim C Co., Ltd. (Representative D) through the NS Home shopping, “The Defendant left a siren with the inside 500,00 won of the market price owned by the victimized Company on the condition that “The Defendant was obliged to faithfully pay the rental fee, and thus, did not pay a certain amount of rental fee after the payment of the rental fee, 129,500 won per month, 39 months, and 39 months, and may terminate the rental agreement if the rental fee is overdue for two months.” (b) Notwithstanding the obligation to faithfully pay the rental fee pursuant to the above agreement, the Defendant demanded the Defendant to return the rental fee from the said Company on November 1, 2014.

Nevertheless, the defendant refused to return the defectiveness in the doping and embezzled it.

Summary of Evidence

1. Legal statement of E;

1. Matters concerning investigation reports (Attachment of counseling history), counseling history, requests for provision of communications data, and personal information of subscribers;

1. Application of the Calende statute of the Republic of Korea to the Calende agreement, a written confirmation of installation, and the highest head of the registration of default;

1. Relevant legal provisions concerning criminal facts, Article 355 (1) of the Criminal Act that prescribes the amount of fines, and the selection of fines (the amount of fines shall be determined in consideration of the fact that an agreement has been reached with the victim);

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.