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(영문) 대전지방법원 2017.02.15 2016고정788
횡령
Text

1. The defendant shall be punished by a fine of three million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

On August 19, 2013, the Defendant: (a) received a request from the victim E to repair a bottled mar-type machine at the market price (60 million won at the victim’s assertion, and KRW 4 million at the market price) from the victim E; (b) however, the victim was unable to pay the repair cost; (c) on September 24, 2014, the Defendant sold the mar-type machine at the victim’s request and kept it for the purpose of appropriating the repair cost.

At around December 2014, the Defendant introduced F to the victim so that he can sell the straw scambling machine owned by the victim. However, there was a dispute with the victim due to the reversion and return of the sales proceeds. Even though the victim did not have the right to sell the strawing machine upon the request of the return of the strawing machine from the injured party, the Defendant embezzled the Plasting machine from the “H” in the operation of the Defendant at Daejeon-gu Daejeon-gu, Daejeon-gu, by arbitrarily selling it to F.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness E;

1. Some of the records concerning the examination of the suspect against the defendant in the prosecution;

1. A protocol concerning the examination of suspect of the police against the defendant (a list of evidence Nos. 36);

1. Some of the police statements made to F;

1. A mail protocol ( complainants) and an investigation report (Attachment to a civil complaint);

1. A custody certificate, a protocol of conciliation of the Daejeon District Court, a criminal investigation report (a receipt and a transfer of case);

1. Application of Acts and subordinate statutes to a criminal investigation report (including the submission of an additional complaint and an additional statement), investigation report (including the submission of data by an complainant), investigation report (including attached data by an complainant);

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. The reasons for sentencing of Article 334(1) of the Criminal Procedure Act in the Criminal Procedure Act are as follows: (a) the defendant's act of repairing the injured party's bottled machine and selling the strawing assembly machine.

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