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(영문) 인천지방법원 2019.06.28 2019고정1032
횡령
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

The Defendant, along with six victims, Da, victim E, victim F, victim G, victim H, victim H, and victim’s name incompetence boxes, installed banners in Daegu Sinsi-gu and Southern-gu. The Defendant, along with them, installed banners in Daegu Sinsi-gu and Nam-gu.

Then, the Defendant received KRW 8,357,290 in total from “B” corporation, the original business entity, in the name of the Defendant and the victims on February 3, 2017, KRW 967,00, KRW 580,20 on February 10, 2017, KRW 6,229, KRW 890 on March 15, 2017, KRW 580 on April 21, 2017, and KRW 8,357,290 on April 21, 201.

The defendant, who was in custody of the above money for the victims, embezzled the money at will at that time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (specific description of the amount of embezzlement of a suspect), investigation report (Listening to a report on D's statement), investigation report (F's report), investigation report (to be reported), and investigation report (to be reported by the complainant D and witness E);

1. Application of Acts and subordinate statutes on details of wages deposited into a suspect's account;

1. Article 355(1) of the Criminal Act applicable to the relevant criminal facts and Article 355(1) of the choice of punishment (generally, choice of fines);

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment [limited to the reasonable circumstances] show the attitude of the defendant to recognize and reflect the instant crime.

There shall be no same power on the defendant.

[Unjustifiable circumstances] The amount embezzled by the defendant is actually the victim's wages, and the defendant's liability cannot be deemed to be less than the victim's wages in light of its size, etc.

It seems that damage has not been recovered or agreed with the victims.

In addition, all the conditions of the arguments of this case and the sentencing indicated in the records, such as the age and criminal environment of the defendant, relationship with the victim, motive means and result of the crime, etc.

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