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(영문) 대구지방법원 2016.02.03 2016고정75
횡령
Text

Defendant shall be punished by a fine of two million won.

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

Reasons

Punishment of the crime

On March 3, 2012, the Defendant entered into a siren agreement to pay 49,90 won monthly sirens from the said day to March 19, 2015, and to keep the damaged company’s computers, for the period of 36 months from March 19, 2015.

Around May 14, 2015, the defendant confirmed the contents of the above contract, which was sent by the injured company, and returned the computer in custody, but embezzled because it did not return it without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A siren contract;

1. Certification of the details of demand for the payment of sirens;

1. Application of Acts and subordinate statutes to a statement on the payment of sirens;

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act concerning the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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