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(영문) 대전지방법원 천안지원 2017.11.29 2017고단1859
횡령
Text

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

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

Reasons

Punishment of the crime

On May 21, 2016, the Defendant purchased a transfer of 26,570,000,000 won from the business directors E of the victim corporation, at the defendant's house located in Nam-gu, Nam-gu, Dong-gu, the Defendant, at the time of the Defendant's house, from the victim corporation, to the time of full payment of the remainder of 19,000,000 won, provided that the damaged company reserved ownership of the damaged company, subject to the obligation to transfer the above transfer of ZP67) to the damaged company. On October 3, 2016, the Defendant used the Defendant's house to borrow 10,000,000 won to F at his own expense, and embezzled it by granting the F a security right to transfer 50,000,000 won to the above transfer of ZP67) for the above transfer.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against E;

1. Application of statutes on process deeds, lists of security provided, borrowed money, sales contracts, and sales agreement;

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. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, embezzled by providing the F as collateral a transfer of the hymar for the use of the hymar purchased from the victimized company for the reservation of ownership, without paying in full the remainder.

However, as a result, the damaged company brought a lawsuit of demurrer against F by the third party and won the lawsuit of demurrer against F, the damage caused by the Defendant’s embezzlement was fully recovered.

It should be seen that the damaged company did not receive KRW 8739,390,000,000,000,000 due to the defendant's default of obligation, and it cannot be deemed that the damage was caused by the defendant's embezzlement.

Defendant agreed smoothly with the victimized Company.

The Defendant appears to have committed the instant crime under the lack of legal knowledge, and is now aware of and against his mistake.

There is no criminal punishment exceeding a fine.

In addition, the defendant's age, sex, environment, circumstances of the crime, and circumstances after the crime are judged.

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