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(영문) 대전지방법원 천안지원 2016.01.21 2015고정336
업무상횡령
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

The defendant is the sub-lessee of the store located in Nam-gu, Nam-gu, Seoul, and the victim E is the whole person of the above store.

From July 2012, the Defendant, after concluding a sub-lease contract at the above store, operated a general restaurant with the trade name of “F”, and stored and used for business the collection machinery and electronic equipment owned by the victim. On November 2013, the Defendant embezzled, without notifying the victim at the above store, the summary of the evidence is as follows: (i) TV 1st, ice 1st, bicycle 1st, land coolant, 1st, e-mail, 2st, bridge bridge, 1st, and 1st, which were in the market price in the above store.

1. Partial statement of the defendant;

1. Application of the respective legal statements statutes in witnesses E and G;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the selection of punishment for a crime;

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 provides that the Defendant guilty of the crime of provisional payment order: (a) acknowledged the fact that he/she brought goods owned by the victim at the store specified in the facts charged; (b) however, he/she did not intend to acquire illegal gains because he/she brought such goods for the purpose of securing the claim

The charges are denied by asserting that they are facts charged.

However, the following circumstances acknowledged by each evidence of the ruling, namely, ① the Defendant did not contact the victim after the completion of the sub-lease contract with the victim, but the parent G of the victim, who is the lessee of the above store, was in contact with the victim, and did not arbitrarily remove the victim's goods stored in the store without notifying the victim of the contact, and then did not inform the G of the password of the correction device installed in the store. ② After the contact with the Defendant, G received the password from the Defendant and came to know of the fact that the Defendant brought the victim's goods into the store.

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