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(영문) 대구지방법원김천지원 2020.08.19 2020고정144
횡령
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

around May 6, 2019, the Defendant was commissioned to remove boiler installed in the victim C’s farm located in Seongbuk-gun, Sung-gun, Sung-gun. From May 9, 2019 to May 10, 2019, the Defendant embezzled the scrap metal remaining after dismantling the boiler for the victim. From May 10, 2019, the Defendant arbitrarily sold and embezzled scrap metal of approximately KRW 16,040 gg of scrap metal around May 10, 201, and approximately KRW 17,830 g of scrap metal around May 15, 2019 at the market price of KRW 5,00 g of 17,830 g of scrap metal, etc. to Dadong-gun, and embezzled it for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. A detailed passbook;

1. Application of Acts and subordinate statutes to investigation reports (Attachment to data submitted by a complainant), investigation reports ( telephone conversations between persons for reference) and telephone communications;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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