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Reasons
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(영문) 대구지방법원 서부지원 2019.05.23 2018고정55
횡령
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Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On February 22, 2016, at the “C” office operated by the Defendant located in Daegu-gu Office B, Daegu-gu, the Defendant was requested by the Victim D to process 1 bamboo (10,000,000) on a total of seven occasions until February 2, 2016, and the Defendant was requested by the Victim to process 7,369 bamboo in total.

The Defendant processed both horses requested for processing as above and stored for the victim. From May 2, 2016 to February 20, 2017, the Defendant returned only a total of 5,291 bamboo to the victim. Around that time, the Defendant did not obtain consent from the victim, but disposed of the remaining 2,078 bamboo with KRW 4,500 per to the victim’s 2,00 (or KRW 4,500 per to the market price).

Accordingly, the Defendant embezzled the property amounting to KRW 9,351,00 in total in the market value owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a complaint and a copy of the settlement report;

1. Relevant Article 355 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) of the Criminal Procedure Act are confessions of all crimes and reflects against this Court. The full amount of monetary losses suffered by the victim after the issuance of the summary order of this case shall be compensated after the issuance of the summary order of this case, and the victim does not want the punishment of the defendant, the victim does not have any record of punishment due to the same crime, and the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, and all of the sentencing conditions stated in the arguments and records of

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