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(영문) 부산지방법원 2012.07.05 2011고단8449
횡령
Text

A defendant shall be punished by imprisonment for six months.

The application for compensation order of this case shall be dismissed.

Reasons

Criminal facts

On February 9, 2009, at the office of “E Co., Ltd.” for the operation of the victim C in Kimhae-si, the Defendant agreed to lease from the victim KRW 35,000 per to KRW 35,00 per to KRW 1,260,00 per ton of the rent, KRW 28,00 per month of the rent, KRW 5,00 per month, and KRW 5,00 per month of the rent, respectively, at the office of “E Co., Ltd.” for the operation of the victim C in Kimhae-si, and around February 29, 2009, the Defendant appears to be a clerical error in the indictment around February 9, 2009.

On April 21, 2009, the sn beam beam of 20.154 tons was delivered, and around April 21, 2009, 17 sn beam of 13.97 tons, screen sn beam of sn beam of sn beam of sn beam of 11.252 tons, screen sn beam of sn beam of sn beam of sn beam of 11.252 tons, and sn beam of sn beam of sn beam of s

Of these, the Defendant, while keeping 45.374 tons of the sn beam beam and 28 screen 28 tons on behalf of the victim, was requested from the victim to return the above materials at several times, but around August 16, 2009, the Defendant, without justifiable grounds, embezzled the sn beam and screen sn beam in total amounting to 35,280,000 won by refusing to return the above sn beam and screen sn beam in total amounting to 35,280,000 won by selling the above sn beam to F at 11,654,480 won.

Summary of Evidence

1. Partial statement of the defendant;

1. Statements made by witnesses C and G in the second trial records;

1. The first written statement of the suspect examination protocol prepared by the prosecution against the defendant;

1. The part concerning the defendant's second protocol of interrogation of the prosecutor's office G and H's statement

1. Each prosecutor's statement concerning C and G;

1. Application of the current status of transport of discrimination for the purpose, detailed list of transactions of free savings deposits, copy of the business log, written confirmation of details of transactions of deposit and withdrawal, copy of passbook (I), and written confirmation of entry and withdrawal;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The issues of Article 32(1)3 and Article 25(3)3 and 4 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings for the Dismissal of Application for Compensation are as follows.

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