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(영문) 수원지방법원 안양지원 2016.10.12 2016고정402

횡령

Text

Defendant shall be punished by a fine of 300,000 won.

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

Reasons

Punishment of the crime

On December 22, 2015, the Defendant: (a) at the office of the mail order company (main office) located in the B B Building B, which is located in the B Building B, the Defendant received one cell phone device from the victim D on the same day after receiving a request from the victim D to sell one cell phone device; and (b) around December 27, 2015, the Defendant sold one cell phone device to a sales business entity of the above mobile phone in the name of the above office and kept 40,000 won in cash; and (c) on December 28, 2015, without delivering it to the victim, the facts charged are stated as “ around February 28, 2015,” but it is apparent that it is a clerical error in the record, “ around December 28, 2015.”

In the way of delivering the defendant's friendship to E, the victim's cash 400,000 won was arbitrarily consumed and embezzled.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;