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(영문) 창원지방법원 진주지원 2019.08.22 2019고단326
횡령
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 8, 2015, the Defendant: (a) decided to lease KRW 10,000,000 and KRW 2,000,000,000 monthly rent from the “EAJP-13B” corporation operated by the victim D; and (b) concluded a lease contract with the content that the contract date shall be one year, but if no separate request is made by one month before the expiration of the contract date, the Defendant used the set and kept the set for the victim corporation.

In November 2016, when the Defendant was requested by the victim to pay or refund unpaid rents from July 2017 to October 201 of the same year while the Defendant had unpaid rents, the Defendant embezzled 1,120 rents from July 3, 2017 without complying with the request of the victim to return the remainder 1,312 rents, which was requested by the victim on April 3, 2018.

Accordingly, the Defendant embezzled 1,312 sets of 69,787,467 won at the market price owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the police of the F;

1. A complaint;

1. Each demand note, submission of data by the complainant, each certified copy of a register, siren contract, decision on the prohibition of possession, transfer of corporeal movables, and provisional disposition, and the certificate of telet inventory loss; and

1. Application of Acts and subordinate statutes to investigation reports (attaching proof of content);

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act appears to have been fully returned, taking into account the favorable circumstances in which there is no special penal power, except for those punished several times by a fine, and the Defendant’s age, occupation, character and conduct, environment, motive, means, and consequence of the crime.

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