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(영문) 대구지방법원 경주지원 2015.12.22 2015고단456
횡령등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2015dan456] On July 24, 2012, the Defendant entered into a lease agreement with the victim Hyundai Capital Co., Ltd. and the market price of 67.9 million won, and kept the said vehicle in custody at the same-sex port exhibition center in South-gu Dae-dong at the port.

On August 11, 2014, the Defendant terminated the lease contract by the victim, and refused to return the said vehicle without justifiable grounds despite being requested to return it.

[2015 Height945]

2. On October 16, 2015, at around 03:50 on October 16, 2015, the Defendant destroyed and damaged the following by cutting down water purifiers, etc. equivalent to KRW 600,000,00, which is the victim’s possession, from the D cafeteria, operated by the victim C.

3. When the Defendant was arrested as a flagrant offender and parked in the vicinity of the restaurant at the above temporary police station and the above restaurant, the Defendant damaged the goods used by public offices, such as cutting the lock, cutting the lock, cutting the boom, and cutting the safety partitions installed by the patrol vehicle, walking the boom and the safety partitions installed by the patrol vehicle, and cutting off the booms and the safety partitions.

Summary of Evidence

[2015 Height456]

1. Defendant's legal statement;

1. The police statement concerning F;

1. A complaint (2015 highest945);

1. Defendant's legal statement;

1. Each police statement to C, G, and E;

1. Reports on internal investigation, investigation reports (attached estimates, which are public vehicles), investigation reports (Attachment of receipts related to the destruction of and damage to property), and investigation reports (Listening to telephone statements, which are conducted by Gman);

1. Written estimate and receipt;

1. Application of Acts and subordinate statutes to photographs of damaged articles;

1. Relevant Article 355(1) of the Criminal Act, Article 355(1) of the Criminal Act ( point of embezzlement), Article 141(1) of the Criminal Act ( point of damage to public goods), Article 366 of the Criminal Act ( point of destruction and damage of property), and choice of imprisonment with prison labor, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the same Act.

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