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Reasons
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(영문) 의정부지방법원 고양지원 2016.12.01 2016고정752
횡령
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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 June 21, 2015, the Defendant: (a) requested the Defendant to return 39 articles, such as 30,000,000 won in total of the market value of lighting equipment, Kamera, etc. (LDTV 1, monitoring 2, 1, 2, 2, and 1,000,000 won in total) of 20,000,000 won in the market value of the victim’s possession, for the victim E employed as an employee; (b) the Defendant, while keeping in the said workplace, requested the Defendant to return the said articles while leaving the workplace; (c) the Defendant refused to return the said articles; (d) however, the Defendant embezzled the property of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the suspect examination of the accused;

1. Each protocol of the police interrogation of the accused (including part concerning the E-examination);

1. Statement of each police statement of E;

1. A complaint;

1. As to the report of investigation (documents to be submitted by the suspect) / The motive and reason (the motive and reason that the defendant, known by the evidence duly adopted and investigated by the court, refused to return for emotional reason)

On June 20, 2015, the investigation records No. 210 pages), the process of refusing to return (the defendant sent text messages to the victim on June 20, 2015, and the victim sent text messages to the D Office Co., Ltd. to the effect that the victim refuses to return his goods on the grounds that the victim did not find it before the day before the return;

In light of the investigation record No. 112 pages, etc., it is difficult to deem that the defendant has justifiable grounds for refusing to return goods owned by the victim.

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) 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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