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(영문) 대구지방법원 2020.10.13 2020고정192
횡령
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On December 24, 2018, the Defendant received 1.6 million won from the victim C for the purpose of galloning open exhibitions. On December 25, 2018, the Defendant: (a) received 1.5 million won from the victim for the purpose of galloning open exhibitions; (b) received 1.5 million won from the victim for the purpose of galloning open exhibitions; and (c) embezzled 2.0 million won for the purpose of galloning open exhibitions; and (d) sold the gallon (hereinafter “the gals of this case”) to the victim at a galloned area of not more than Daegu at will on December 30, 2018 and embezzled the gallon (hereinafter “the gallon”).

Summary of Evidence

1. Protocol of examination of witness C;

1. The suspect interrogation protocol of some police officers against the defendant;

1. Each police statement of C;

1. Application of Acts and subordinate statutes to a investigation report (whether two points are not returned), deposit details of passbook C, a written application for membership in A, a photograph of an application for membership, and a report on investigation (D telephone call for reference);

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The summary of the argument was that the defendant purchased 2 points of the forest of this case from the victim, and the two points of the forest of this case are not the other's property owned by the defendant.

2. Comprehensively taking account of the following circumstances acknowledged by the evidence duly adopted and investigated by the court, the defendant cannot be deemed to have acquired the ownership of the forest by purchasing 2 points of the forest in this case from the victim, and the defendant can be found to have disposed of at will while keeping 2 points of the forest in this case on behalf of the victim, so the defendant and the defense counsel's assertion is not acceptable.

A. The victim consistently borrowed 13 points from the investigative agency to the present court on the sole basis that the Defendant held an exhibition of the work. However, the two points of the instant picture are as follows.

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