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(영문) 광주지방법원 2017.09.22 2017고정897

횡령

Text

Defendant shall be punished by a fine not exceeding 2.5 million won.

Where the defendant fails to pay the above fine, one hundred thousand won shall be applied.

Reasons

Punishment of the crime

On April 15, 201, the Defendant: (a) purchased 1,000 shares of Posco C C, which is an over-the-counter share; (b) purchased shares when 10 profac is held, and (c) transferred 23,50,000 won to C’s name bank account as a fund for purchase of shares from the injured party to C’s name bank account as a fund for purchase of shares, but was unable to purchase the shares promised to the injured party due to increase in the price of shares, etc. on May 25, 2011, the Defendant received 23,50,000 won from C under the name of return to the new bank account under the name of the Defendant to the victim under the name of the Defendant.

While the Defendant kept 23,50,000 won of the above stock purchase fund for the victim, the Defendant embezzled the Defendant’s personal debt repayment, living expenses, etc. at one of the members of the business net City Council.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of the defendant against C to the prosecution;

1. Application of the police statement protocol law to B

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

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;