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(영문) 대전지방법원 논산지원 2014.07.25 2014고정28
횡령
Text

1. The defendant shall be punished by a fine of 500,000 won;

2. If the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is the former operator of the “Dcafeteria” Dosan-si, and the victim E is the person who acquired the ownership by winning a successful bid on August 6, 2013.

On September 2013, 2013, the Defendant removed the sum of KRW 2,902,200,000, totaling KRW 360,00,000, which is equivalent to KRW 1,542,20,00 of the three market prices owned by the victim who was kept by the Defendant, as a result of the victim’s request for the eviction from the said “D cafeteria” building from the first police officer, and went to the next building.

Accordingly, the Defendant embezzled the property owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each legal statement of witness E and F;

1. Application of the Acts and subordinate statutes stated in the petition of accusation (including attached documents), photographs of the scene of the damage (in the face of 53), and criminal investigation reports (in the face of 59 pages of investigation records);

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. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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