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(영문) 부산지방법원 2012.12.26 2012고정3634
문서은닉
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On April 15:00 on April 26, 2012, the Defendant asserted that the victim had already returned the deposit money after showing the receipt of May 14, 2007 when the Defendant and the victim demanded the return of the deposit amount of three million won due to the termination of the lease contract between the Defendant and the victim.

Accordingly, the defendant concealed the documents owned by the victim.

Summary of Evidence

1. Witnesses D and E's respective legal statements;

1. Application of statutes to a copy of a receipt for refunding deposit;

1. Article 36 of the Criminal Act and Article 366 of the Criminal Act concerning the crime, the choice of fines;

1. Penalty fine of 500,000 won to be suspended;

1. Articles 70 and 69(2) of the Criminal Act (50,000 won per day) of the Criminal Act for the inducement of a workhouse;

1. Article 59(1) of the Criminal Act of the Suspension of Pronouncement of Sentence (the first offender, the victim presented the receipt of this case to the defendant and refused to return it as evidence despite the duty to return the lease deposit amount of KRW 3 million, considering the circumstances leading to the crime of this case. Since the case, the defendant issued a copy of the receipt to the victim, and considering all circumstances, such as the fact that the court, in which the dispute over the lease deposit between the defendant and the victim, pays the defendant a sum of KRW 2 million to the defendant, the conciliation has been

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