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(영문) 대전지방법원 2016.01.28 2015고정1619
횡령
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On December 15, 2011, the Defendant entered into an agreement with the victim Pene Co., Ltd. at KRW 37 months and KRW 49,500 per month for the period of the agreement with the victim Pene Co., Ltd. at around December 15, 201, with the Defendant established and used the Daesung-dong Apartment B apartment at around December 16, 201.

Around January 6, 2012, the Defendant entered into a siren agreement with the victim on one of the two-way Madithal Martha’s inside, under such conditions as above, and established and used it in Geumsan-gun, Chungcheongnam-gun, around January 13, 2012.

The defendant used the massage flag owned by the victim under the above siren agreement, and paid 49,500 won for each month a siren for 37 months, but did not pay each siren for 30 times, any more than 30 times, respectively.

On April 17, 2014, the victim sent the highest forum and knew that the rental contract was terminated according to the long-term default on the payment of the rental fee, and demanded the return of the said massages.

However, the Defendant, by failing to return it without any justifiable reason, embezzled two persons who have come to know about the market value of KRW 1,683,00.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of the provisions of the Acts and subordinate statutes to each siren agreement;

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 of the Criminal Act concerning the selection of punishment (Optional to a punishment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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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