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(영문) 전주지방법원 2016.09.23 2015고단1284
횡령
Text

A person shall be punished by imprisonment with prison labor for not less than 8 months and by imprisonment for not more than 4 months for a crime of No. 2 as decided by the court below.

Reasons

Punishment of the crime

On December 1, 2010, the Defendant was sentenced to imprisonment with prison labor for ten months with prison labor for a violation of the Act on the Aggravated Punishment of Specific Crimes at the Jeonju District Court on December 1, 201, and the judgment became final and conclusive on December 9, 2010.

"2015 Highest 1284"

1. Around February 2006, the Defendant leased and operated the Plaintiff’s 10 million won of the Victim B on the condition that the Defendant would pay monthly rent of KRW 2 million of the 10 million and the 10 million of other equipment, including the e excavation search season and the 10 million of the 10 million of other equipment.

On August 2012, 2012, the Defendant listened to the Defendant’s warning that the Defendant would settle 20 million won of the entrance fee and insurance premium in addition to the closed rent, and that the Defendant leased to F, the Defendant leased 1 unit to G, and the Defendant cut off the contact with the victim after the Defendant exceeded H, which was unaware of the victim.

Accordingly, the Defendant embezzled the total amount of 30 million won of the victim.

"2015 Highest 1385"

2. Around February 2006, the Defendant leased and operated the 1,000,000 won of monthly rent of KRW 2 million from the victim B, on condition that the Defendant paid the monthly rent of KRW 30,000 from the victim B.

The defendant, on April 2009, sold the above 30 million Korean Won to J at the influoral ground of 2009, while keeping the above fluor for the victim under the above conditions.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

"2015 Highest 1284"

1. The police suspect examination protocol against the accused;

1. Copies of the statement protocol and statement protocol made by the police against B;

1. A complaint and a register of construction machinery;

1. Each investigation report (related to complainants) 2015 Highest 1385;

1. Statement made by the police against B;

1. A complaint and a register of construction machinery;

1. Public announcement and notification of investigation reports (related to submission of documents by complainants), copies of passbooks, books, ex officio cancellation of construction machinery business (rental business), and service by public announcement;

1. The investigation report (in relation to the case of a witness J).

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