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(영문) 서울북부지방법원 2019.05.24 2019고단641
횡령
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 4, 2016, the Defendant was requested by the victim C to keep the boiler of an amount equivalent to KRW 110 million (price at the time of purchase by the victim) in custody of the victim C, who had operated a save in Dongdaemun-gu Seoul Metropolitan Government B building, due to non-payment of rent, was forced and brought out due to the non-payment of rent.

On April 2018, when the Defendant kept four boilers for the victim, the Defendant arbitrarily sold the said boiler to D and embezzled the said boiler to D at a price on 2 million won.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement to C by the police;

1. Briefs, written judgments, written confirmations, and boiler photographs;

1. Certificate of contents;

1. Investigation report (related to the removal of a suspect's stove or boiler), and specification of transactions;

1. Application of Acts and subordinate statutes to investigation reports (verification of the value of stored goods), investigation reports (re-verification of the value, etc. as of the stored goods);

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

1. Article 62 (1) of the Criminal Act on the stay of execution (see, e.g., the recognition and reflective fact, the fact that the full agreement is reached with the victim, and the fact that there is no record of the same

1. Social service order under Article 62-2 of the Criminal Act;

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