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(영문) 서울북부지방법원 2019.02.14 2018고단2825
횡령등
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The punishment of the accused shall be set forth in six months.

Reasons

Punishment of the crime

around 10:00 on March 7, 2018, the Defendant stated “34,089,337 won” in the indictment in which the market price of the victim owned by the victim C was changed from the Dispute Settlement Bank D to the market price of KRW 27,279,121, which was entrusted by the victim C. However, according to the evidence submitted, it is reasonable to view the market price of the embezzled property as “27,279,121 won.”

A considerable amount of light strength assembly type H-sn beam 22 tons of transport and delivery and custody of it for the victim, which did not pay transport expenses as desired. On the same day, the complaint was raised and the H-sn beam was brought to the warehouse located in Scheon-si E with the mind of the victim's demand for return.

Accordingly, the defendant embezzled the victim's property.

around 15:00 on May 23, 2018, the Defendant: (a) opened a chief door for the victim H’s Haston car in the G farm located in Gyeonggi-gun F, Gyeonggi-do; and (b) took off cash of KRW 200,000 and a horse of KRW 9,000 in the market price, which is the victim’s possession in the container bed, 20,000 and KRW 9,000.

Summary of Evidence

[2018 Highest 2825]

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. Investigation report ( telephone conversations between persons for reference and J);

1. 스크린샷, 문자메시지 사진 등, 물품 신속 입고요

Cheong, Content Certification

1. The defendant and his defense counsel asserts that the contents of the goods requested for transportation are different from the contents of the goods requested, and that the transportation has not been completed due to the difference in the freight, and that the goods should be left to the warehouse located in Ycheon-si with the consent of D and that the goods should not be returned.

However, according to the evidence duly adopted and examined by this court, in particular, according to the witness I's legal statement that specifically states the circumstances of this case, the defendant is the prospective lower-end area around March 7, 2018.

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