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(영문) 대전지방법원 홍성지원 2017.09.26 2017고단534
횡령
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 6, 2017, the Defendant: (a) around 13:00 on March 13:0, 2017, the Defendant: (b) borrowed E-dong 202, the residence of the victim D, and (c) cut off the victim’s cell phone.

The victim's market value from the victim's jugal jumal ju (S7 mobile phone) was stored for the victim. On March 14, 2017, the above mobile phone was sold in KRW 1.50,000 to the middle and middle mobile phone trading business entity without the victim's permission.

Accordingly, the Defendant embezzled the property owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to photographs of damaged articles;

1. Relevant Article 355(1) of the Criminal Act and Article 355(1) of the Criminal Act regarding facts constituting an offense, the selection of fines (including the confession and reflection of a crime, the recovery of damaged articles, and the primary crime that has no record of punishment);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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