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(영문) 청주지방법원 제천지원 2013.05.23 2013고단185
횡령
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant was a person who operated a secondhand property with the trade name of the Chungcheongnambuk-gun B.

On October 201, 201, the Defendant lent one cut machine and one compressed machine owned by the victim C from the victim, subject to the supply of scrap iron on the above secondhand shop.

Around November 5, 2012, while the Defendant kept the above cutting machines and compressed machines for the victim, the Defendant arbitrarily contracted to sell the said cutting machines to D for KRW 500,000,000,000,000,000. Around that time, the Defendant received 4,30,000 won from D as the down payment, and then embezzled the cutting machines of KRW 50,000,000 and the market price of KRW 13,00,000,000,000 from D to D.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Application of investigation report (an investigation report on down payment, refund and investigation of down payment), copy of passbook, and copy of passbook (E);

1. Relevant Article 355 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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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