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The sentence against the accused shall be determined by a fine of KRW 1,00,000.
When the defendant does not pay the above fine.
Reasons
Punishment of the crime
On February 15, 2013, at around 20:30, the Defendant embezzled the instantnet north for the sake of the victim, while lending and using thenet north owned by the victim E at the D’s coffee store located in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant store”).
Summary of Evidence
1. Partial statement of the defendant;
1. Legal statement of witness F;
1. Application of the police statement-related Acts and subordinate statutes to F;
1. Article 355 (1) of the Criminal Act applicable to the crime;
1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;
1. Reasons for conviction under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;
1. The defendant and his defense counsel's assertion that they were allowed to take out thenet from the store employees of this case, and used it out of the store of this case, and they did not return it because time was too late, and they did not return it. At the time, they lost thenet and did not return it. The fact that they borrowed thenet in themselves due to a disability of memory caused by "over-the-counter stress disorder" at the time was forgotten. There is no reason that the defendant, who has a large amount of annual salary, much shorter than thenet north, has embezzled thenet in the market price of 10,000 won as an unlawful acquisition intent.
2. The following circumstances, which can be acknowledged by the evidence duly adopted and investigated by this court, namely, the Defendant confirmed whether the instant store was loans made to the instant store by telephone, and then sent his name and telephone number to the store. The Defendant’s name and telephone number were falsely known while borrowing thenet north, and the premise that the instant store is to be used only within the store in a case of lending thenet from a coffee store, should be exceptionally permitted under the premise that the Defendant would return thenet to the store even if he had it out of the store. As to whether the Defendant could take out by borrowing thenet North Korea, F and F, the store employees of the instant store, and F.