beta
(영문) 창원지방법원 2017.07.19 2017고정301

횡령

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The Defendant was commissioned by the victim D to run the tegrative office in Sungwon-si, Sungwon-si, Sungwon-si, which is a person operating the tegrative office in Sungwon-si B.

On March 2016, the Defendant, within the early police station of C Integian, is well aware of the president who operates the "E in Busan" to the victim in his office in Busan, and the Defendant can set up a short sum of 00,000 won to the other company.

It is intended to deliver to the president the balance of KRW 4,847,00 after deducting the discounted amount of KRW 100,000 from the discounted amount of KRW 4,947,00.

“On March 28, 2016, the Defendant received remittance of KRW 4,847,00 to the Defendant’s Nonghyup Bank Account, and the same year.

4. 5. Reconvening the victim again, “If the amount of 3.4 million won is deposited into the account of the same head of the Tong in need of more than 3.4 million won, it will be delivered to the president of the Air-condition.

The sum of KRW 5,187,00 has been transferred to the same agricultural bank account from the same day, and KRW 5,187,000 has been transferred twice.

While the Defendant kept the above money for the victim, he did not deliver it to F and embezzled the amount of KRW 3 million of the said money by arbitrarily consuming it.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1.Payments of payment

1. Application of Acts and subordinate statutes on transactions of passbooks;

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act concerning the choice of punishment;

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;