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(영문) 대전지방법원 홍성지원 2013.11.13 2013고정256
횡령
Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who has leased one underground floor of a building in B in Boan-si, B, with a lease deposit of at least five million won.

On September 7, 2011, the Defendant received the deposit from the victim to the Defendant’s account on account of the termination of the lease contract, and became aware of the fact that the sum of KRW 6.7 million was deposited into the Defendant’s account due to the victim’s mistake, and had the victim keep it for the sake of the victim.

Around that time, the Defendant arbitrarily consumed the amount of KRW 1.7 million that the victim remitted by mistake, and embezzled it.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. A list of transactions of self-reliance deposits;

1. Application of Acts and subordinate statutes on real estate lease agreement;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. To reduce part of the amount of a fine in consideration of the fact that the defendant on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has agreed with the victim, and to determine the sentence against the defendant as ordered

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