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Reasons
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(영문) 대구지방법원 2016.12.22 2016고단2368
횡령등
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who has a claim for the price of goods to the victim because he/she did not receive money from the Defendant on October 2014 to the “E Council” for the operation of the victim D(58) in his/her own Government.

1. The embezzlement, at around 11:00 on April 27, 2015, the Defendant: (a) received a discount of the face value of KRW 300,000 from an influencies; and (b) kept the electronic bill on behalf of the victim; and (c) received a request from the victim to return the said bill on April 28, 2015, the Defendant embezzled the said bill by refusing to return the said bill, despite having received a demand from the victim to return the said bill.

2. In spite of the seizure of corporeal movables owned by the victim by the Defendant, the Defendant: (a) listened to the fact that corporeal movables owned by the victim are put out of a drug within the scope of the seizure; and (b) had the victim taken a new lock to the hospital so that the victim may not come to the hospital.

Accordingly, at around 14:30 on May 8, 2015, the Defendant destroyed and damaged 15,000 won in total from the market price owned by the victim using a cutting machine, and intruded into E members, a structure managed by the victim without permission of the victim.

3. On May 8, 2015, the Defendant, at the place specified in the foregoing paragraph (2), posted new locks purchased from around 16:30 to 18:00, so that the victim could not enter the said hospital.

Accordingly, the defendant interfered with the operation and treatment of the victim's hospital by force.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Each police statement concerning D;

1. Each photograph;

1. The contents of text on the mobile phone;

1. Details of prescriptions;

1. The defendant and his defense counsel did not carry out the operation and treatment of the hospital at the time when the defendant locked the locks.

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