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(영문) 대전지방법원 2017.07.07 2016고정616

횡령

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On December 26, 2014, the Defendant: (a) around December 26, 2014, from the victim F, who operates “E cafeteria” on the first floor of the Seo-gu Daejeon District D D Building, the Defendant agreed to pay a total of KRW 15 million to the F by June 30, 2015 instead of taking over inside facilities, signboards, and various kinds of goods in the cafeteria; and (b) the Defendant agreed to transfer the said facilities and goods to F and to lend the said money to the Defendant until the said money is deposited.

On March 2015, the Defendant, at the above place, paid 5 million won to the above victim as down payment, and owned the facilities and goods indicated in the list of crimes in the annexed crime inside the restaurant, but damaged the utility of the property of the non-merchants by arbitrarily disposing of them.

Summary of Evidence

1. Entry of the defendant in part in the protocol of public trial on the first and third occasions;

1. Protocols of examination of witnesses concerning the witnessF;

1. Recording of the witness G's statement in the third public trial records;

1. A contract for transfer or takeover of facilities and rights;

1. Written estimate and field photograph;

1. Application of the current Acts and subordinate statutes on lists of photographs;

1. Relevant Article 366 of the Criminal Act concerning the facts constituting an offense and Article 366 of the Criminal Act concerning the choice of punishment;

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

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The assertion;

A. The Defendant was operated by the injured party for the purpose of operating a Chinese house.

In order to take over the E cafeteria and to carry out the interior construction in accordance with the new type of business, it is to dispose of the existing facilities and goods through the removal business operator.

B. The Defendant agreed to pay KRW 15 million to the victim, but this was merely a consideration for the transfer of a store called “sleep premium,” and it is not a consideration for each item listed in the attached list of crimes.

(c)

The victim's facilities and goods correspond to the wastes, and the defendant is silent with the victim.