Text
Defendant shall be punished by a fine of KRW 3,000,000.
When the defendant does not pay the above fine, 100,000 won.
Reasons
Punishment of the crime
around August 16, 2012, the Defendant leased “F building” owned by the Victim E, Inc., Ltd. located in Nam-gu Incheon Metropolitan City D from the victim.
On February 6, 2013, the Defendant, at the above F building, embezzled the sum of 32,00,000, of the market prices, including 10 air conditioners, 2 air conditioners, 8 air conditioners installed on the 6th floor of the above building, 7 air conditioners installed on the 8th floor of the above building, 7 air conditioners installed on the 8th floor of the above building, and 6 air conditioners installed on the 8th floor of the above F building as lessee of the above F building, while being in custody of the above F building, he arbitrarily disposed of the above goods by the victim, who is notified of the termination of the lease due to overdue rent, etc.
Summary of Evidence
1. Each legal statement of a witness G, H, I, and J;
1. A protocol of examination of part of the defendant by the prosecution (including the K substitute part);
1. Statement to J police officers;
1. Application of Acts and subordinate statutes to a complaint, copy of confirmation, content certification, written confirmation of real estate lease contract, registered matters, etc., copy of a written verification of the Incheon District Court's protocol, a written estimate, written notice (related to official evidence), results of search of cases by 2012 and 341 of the Incheon District Court, investigation report, investigation report (recognition, etc. of investigation report), investigation report (regnition of contents), investigative report (regnition of contents), criminal investigation report, report on investigation report (specific amount of damage and amount of damage), investigation report (Submission of heating and cooling photographs);
1. Article 355 (1) of the Criminal Act applicable to the crimes. Article 355 (Selection of Fine)
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. Scope of applicable sentences under law: Fines of 50,000 to 15 million won; and
2. Determination of sentence: a fine of KRW 300,000 (contributed circumstances) for the victim; a deposit of KRW 10 million for the victim; a part of the heating and cooling equipment in this case is a malfunction and thus there is a need to replace it; therefore, the actual amount of damage is deemed not to reach the amount indicated in the facts of crime; and the violation of the Labor Standards Act and the Fire Services Act, etc.