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(영문) 대전지방법원 2015.01.22 2014고정1500
횡령
Text

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 March 25, 2013, the Defendant, at the D's main point in the operation of the Defendant located in Daejeon Dong-gu, Daejeon, deducted part of the amount of KRW 6,00,000 borrowed from F, an employee E, an employee of the said main point from the monthly salary of the said victim, and agreed to pay the said F in lieu of the said employee, and for the period thereafter, the Defendant agreed to pay the said F in lieu

7. On July 16, 201, the sum of KRW 1,625,00 and KRW 6,375,000 remitted from the victim on July 16, 2013, the victim spent KRW 6,00,00 for the victim’s borrowing of loans to F, without paying the said amount to F, the victim used the victim’s arbitrarily as the main rent, liquor rent, etc.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of E and F;

1. Application of the details of passbooks, investigation reports, and written confirmations on deposits without passbooks to the agricultural cooperatives;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is the defendant who is the primary offender, confessions, and is in depth against the order of provisional payment.

In addition, considering the fact that the part exceeding the Interest Limitation Act out of the interest paid by the defendant to F is likely to be appropriated for the principal.

In this context, considering all the circumstances such as the defendant's age, character and conduct, home condition, and circumstances after the crime, the punishment is determined as ordered.

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