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(영문) 대전지방법원 천안지원 2015.10.16 2015고정728

횡령

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

On September 30, 2011, the Defendant: (a) around September 30, 201, made an agreement on the condition that the ownership shall be transferred at maturity; (b) made payment of the rental fee for 37 months to one of the instant corporations owned by the said corporations; (c) made it on condition that the ownership shall be transferred at maturity; and (d) received it immediately.

The Defendant concluded such an agreement and transferred it to C, “I do not have to do so even though I do not have any need,” who resides in the Northern-gu B and 208 Dong 306 around January 9, 201, on two occasions until December 28, 201.”

As a result, the defendant embezzled one secret, which is the property of the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared by D;

1. In the investigation report (specific, etc. of the suspect's date of transfer into the E- Apartment and the date of disposal of the massage);

1. Application of the Acts and subordinate statutes of sirens agreement, written confirmation of installation, and massage photography;

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment recognizes the defendant to commit a crime, the victim does not want the defendant to be punished by receiving a partial payment of the price of the massage, and the defendant has no same criminal record, etc. shall be determined in consideration of