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(영문) 의정부지방법원 2017.07.17 2017고정680
횡령
Text

Defendant shall be punished by a fine of KRW 500,000,000.

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

Reasons

Punishment of the crime

On March 18, 2016, the Defendant was sentenced to six months of imprisonment for a crime of fraud at the District Court of Jung-gu on March 18, 2016 and the judgment became final and conclusive on June 1, 2016.

피고인은 2014. 12. 26. 피해자 에이 제이 네트웍 스 주식회사와 피해자 소유인 LG 42인치 TV에 관해 월 렌트 비 23,100원, 렌트 기간 36개월, 렌트 비 2회 이상 납부 연체 시 피해 자가 계약을 해지하고 반환요구를 할 수 있도록 하는 내용의 렌트 계약을 체결하였다.

In accordance with the above contract, the Defendant paid the said TV sets of KRW 50,820,00 for the total amount of KRW 1,20,000 for the first and second months of February, 2015, and did not pay the rental fee thereafter and embezzled the said TV equivalent to KRW 906,977, which was demanded by the injured party on September 2015.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. An application for consent to smart sirens;

1. Content certification;

1. A criminal investigation report (the call of the suspect, the suspect, the DNA), a criminal investigation report (the suspect, the suspect, the suspect, and the details of the visit), and a criminal investigation report (the inquiry about the record of proof of the contents of the complainant);

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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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