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(영문) 대구지방법원 2019.04.30 2018고정1380
횡령
Text

Defendant shall be punished by a fine of 1.5 million won.

Where the defendant fails to pay the above fine, one million won shall be one day.

Reasons

Punishment of the crime

The defendant has a post-age relationship that he became aware of in society with the victim B.

Around March 2017, the Defendant invested in the business of lending KRW 30 million in cash to the victim, but was unable to repay the borrowed money due to the failure of the business.

The victim filed an application for auction on the 14 points of movable property, such as ELS, ETV, and Earcom, used in the U.S. C apartment D, in which the defendant is residing. On April 26, 2018, the victim was awarded a successful bid on the 14 points of movable property, such as ELTV and Ecom, in the auction of corporeal movables by participating in the court enforcement officer E and the victim at around April 10:42.

When the victim executes compulsory execution against the above successful tender goods, the Defendant did not repay the borrowed money within the agreed date, despite that the victim had been in custody of the victim's successful bid goods by having the victim repay the borrowed money at the time of two weeks.

Since May 9, 2018, the Defendant: (a) at the coffee shop construction site built by the victim of Daegu-gu, Daegu-gu, on May 14:26, 2018;

5. Around 19:00, at the 4th floor office, the victim did not return the goods awarded a successful bid but did not return them on the ground that they are household necessities, and embezzled them.

Summary of Evidence

1. Each police statement concerning B;

1. Application of each investigation report (Attachment to the list of damaged goods), and statutes (Attachment to Successful Bidders);

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;

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