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(영문) 부산지방법원 동부지원 2017.01.25 2016고정1185

횡령

Text

1. Defendant shall be punished by a fine of 2,000,000 won;

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

Reasons

Punishment of the crime

On May 20, 2015, the Defendant was transferred KRW 486,030 from the victim (a State) who was an employee of the 288-1 of the Republic of Korea (hereinafter referred to as the “victim”) who was employed by the Defendant as a worker for daily employment in the name of the Defendant, to the post office account in the name of the Defendant, but the Defendant received KRW 3,601,060 due to the above mistake in B.

The Defendant deposited KRW 3,115,030, which was remitted by mistake in B, on behalf of the victim company, and then transferred the entire amount to the modern securities account in the name of the Defendant at around that time, and used it as the stock investment price, and embezzled it at will.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Application of C’s authentic Acts and subordinate statutes

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;