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(영문) 전주지방법원 군산지원 2014.04.09 2013고정811
횡령
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On December 26, 2011, the Defendant entered into a lease agreement with the victim Sofland on the condition that, with respect to one inside horse, the name of the victim Co., Ltd. and one set of the inside horse, equivalent to KRW 2,702,700 of the market value, shall be KRW 69,300 per month rent, and the lease period of KRW 39 months, etc. on the condition that the lease was set up by the victim at the victim’s house Bridge-dong, 301, and one set of the inside horse at the defendant’s house at the Sinsan-si, Sinsan-si, 201.

While the Defendant was in custody of one of the foregoing massages leased for the victim, on December 27, 201, at around one hour after being installed with the foregoing, he/she embezzled 500,000 won from the wounded in the house of the above Defendant at his/her own discretion, while he/she was in custody of the victim.

2. On January 9, 2012, the Defendant entered into a lease agreement on the condition of 79,200 won monthly rent and 39 months rental period with respect to one massage in the name of “D” in the name of “D” corporation for the victim and the market price of 2,702,700 won, at an influent place. On January 18, 2012, the Defendant was established as one massage in the “D” office located in the Gunsan City located in the Gunsan-si.

The Defendant, while keeping one of the foregoing massages leased for the victim, was installed on January 18, 2012, and then embezzled the massages at will while receiving KRW 500,000 from the wounded in the above office only one hour after being installed on January 18, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Application of Acts and subordinate statutes governing filing of a complaint, copies of written agreement, written confirmation of establishment, comparison of prices and selling prices of the preceding products;

1. Article 355(1) of the Criminal Act applicable to the relevant criminal facts and Article 355(1) of the choice of punishment (generally, choice of fines);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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