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(영문) 대전지방법원 2013.04.25 2012고정1391
횡령
Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is the representative of the victim D clan.

The defendant received KRW 28,400,00 from the above clan and reported that KRW 10,000 of the tree seedlings to be planted to the clan E in Yeongi-gun, Chungcheongnam-gun, Chungcheongnam-gun, 208 was in the clan clan.

However, the Defendant sold KRW 1650,00 out of KRW 10,000 to F of 10,000 and embezzled by arbitrarily using the money for the victims around that time while keeping it for the victims.

Summary of Evidence

1. A third-time protocol concerning the examination of suspect against the defendant;

1. Each legal statement of witness G and H;

1. Statement of the police statement concerning F;

1. Investigation report (request for submission related to a criminal complaint against the other party embezzlement), investigation report (field investigation and submission of relevant data), and investigation report (Listening to the statement of witness F and video recording by telephone);

1. Data on a survey on the current status of pine trees;

1. Application of the Acts and subordinate statutes on the library material of clans;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant and his defense counsel's assertion on the claim of the defendant and his defense counsel under Article 334 (1) of the Criminal Procedure Act of the provisional payment order asserts that the defendant separately purchased 6,000 won in addition to 10,000 won in tree seedlings to be planted in the clan clan clan and sold part of them to F, and that there was no fact that he purchased for the clan clan clan clan seed.

In other words, the following circumstances recognized by the aforementioned evidence, namely, ① the size of the clan clan of this case and the status of the planting of pine trees, appears to be impossible to plant planting 10,000, ② the pine trees planted in the clan clan of this case are not less than 5,000, and ③ the F intended to purchase pine seedlings from the Defendant and find it in the first clan clan of this case.

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