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(영문) 서울서부지방법원 2015.07.08 2015고정628
업무상횡령
Text

Defendant shall be punished by a fine of KRW 300,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On January 9, 2015, from around 11:00 to 14:00 of the same day, the Defendant embezzled two Memp chips (4GB chips) with the market value of the aforementioned computer installed in the body of the victim E at his/her own discretion during his/her business storage of computers requested repair from “D” operated by himself/herself in Eunpyeong-gu Seoul, Seoul, by means of arbitrarily deducting 40,000 won from the market value of the said computer.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the police statement of E;

1. Application of investigation reports (related to photographing photographs of damaged articles and attaching records), investigation reports (at the normal operation of chips deducted from computers of victims), and Acts and subordinate statutes;

1. Relevant Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act and the choice of fines concerning criminal facts;

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

1. The punishment as ordered shall be determined by taking into consideration the details of the crime indicated in the judgment on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the return of the main chips as indicated after the judgment, the degree of damage, the criminal records of the same kind, and the age, character, conduct and environment of the defendant;

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