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(영문) 수원지방법원 2017.01.26 2016고정2155
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

The defendant is the owner of the building C in the time of harmony.

On November 18, 2014, the Defendant entered into a lease agreement with the victim D and the first floor commercial building of the building, setting a deposit of KRW 7 million and KRW 1.2 million per month, and leased the said commercial building. On September 2015, the victim, who closed down his/her business at the said place and closed down his/her business, did not bring about the facilities of singing machines, air conditioners, etc.

On November 27, 2015, the Defendant: (a) entered into a lease agreement with E at the above location, the Defendant: (b) discarded the right to directly dispose of the amount equivalent to KRW 500,000,000 at the victim’s market price by using the materials to be 500,000,000,000 won at the above location; (c) five (d) gold-frame 270,000,000, the market price of KRW 170,000,000; (d) five (e) gold-frame 270,000,000,000,000, in total; (e) one (e) five (f) MM 5 (f) the market price; (e) five (f) lighting 1); and (e) five (f) lighting 1); (e) five (f) the market price of which is equivalent to KRW 150,500,000,00,00; (f) 3) 3) the market price.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of D, F, G, H, I, J, K, and L;

1. Detailed statement of transactions;

1. A factual confirmation (G), a factual confirmation (I), and a factual confirmation (J);

1. Order sheet;

1. Application of receipt (K) Acts and subordinate statutes;

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Determination on the assertion by the Defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion is that between the lessor and D, the Defendant and the lessee, are not in a consignment relationship, i.e., a custodian of another’s property, and thus embezzlement is established.

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