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(영문) 서울북부지방법원 2018.08.23 2017고정2296
횡령
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

Defendant

A is a person who has no fixed occupation.

The Defendant, from June 7, 2016, jointly operated the coffee shop, “F,” located in Seongbuk-gu Seoul, and “F,” which is a partner’s interest, and jointly stored one set of “coff of 200 kgs of gold 85 million won from Gomo-in Victim H,” which is an machine, “coff of coffee spaths (cpath : 2kg)” and 150 khs of 55 million won, respectively, upon request for display and use.

On June 27, 2017, at around 03:50, the Defendant embezzled two “cerping machine” stored in the said coffee shop by either transferring it to a distribution warehouse of the J, “J”, without obtaining the victim H’s consent, and by using a vehicle that took place, the Defendant embezzled the two “cerping machine” to the victim H.

Summary of Evidence

1. Each legal statement concerning the witness H and G;

1. An investigation report (a copy of a coffee sculing machine contract attached thereto);

1. An investigation report (in relation to the scarfy contract and the document of import declaration by facsimile);

1. A copy of an import declaration;

1. A copy of the street masters service contract;

1. Investigation report (limited to attachment of communications replies, securing of CCTV images in E, and verification);

1. Investigation report (J Staff members and wire and telephone calls);

1. Investigative reports (related to attaching documents submitted from relevant witnesses);

1. A copy of the price list for the installation of coffees and equipment;

1. Investigation report (related to the verification of the number of the dynamic cargo container in which damaged goods are kept);

1. A criminal investigation report (verification that there is no intention to return the suspect's counterpart embezzled goods);

1. A tax invoice for the sale of K Kapet-type machine;

1. Contracts for two-out sales of Libers;

1. Application of Law No. 1kg, No. 2kg of Law to Bo-rating machine import master crafts

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order (Article 334(1) of the Criminal Procedure Act provides that the two types of law-style machines of this case are imported by the injured party and they are the fact of the injured party.

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