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(영문) 서울북부지방법원 2018.05.16 2018고단796

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

The defendant is a person operating the Gangdong-gu Seoul Metropolitan Government A(State). The defendant received the check from the injured party in the face value of 50,000,000 won, which was issued by the Lone Star Co., Ltd. and endorsed by the Lone Star Co., Ltd. in the Lone Star Co., Ltd., and paid the price to the Lone Star Co., Ltd. and presented it to the Lone Star Co., Ltd., but the payment was refused to pay it to the victim.

On April 15, 2015, the Defendant received a promissory note from a person who suffered losses in the middle of the Co., Ltd. with a face value of KRW 100 million from the golf Co., Ltd., and the Defendant paid a discount amount of KRW 50 million to the victim, and the remainder of KRW 50 million to the victim collect the said check. On November 19, 2015, the Defendant embezzled the amount of KRW 50 million from the golf from Korea Co., Ltd. with the payment of KRW 50 million around February 15, 2016 to the said promissory note with the payment of KRW 50 million for the personal purpose at around that time.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the suspect against the defendant (including a substitute part of examination);

1. Statement made by the police with regard to D;

1. Application of Acts and subordinate statutes to investigation reports (the filing of copies of promissory notes and the filing of account transactions);

1. Article 355 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of a fine to choose a sentence (to take account of the fact that there is no damage to the victim, the fact that the defendant recovers the check from the check and the defendant has a considerable amount of claims against the victim, etc., the circumstances leading to the crime of this case are considered, the relationship with the victim, and the fact that there is no record of the crime except for the fine of KRW 200,000 due

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 concerning the order of provisional payment;