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(영문) 광주지방법원 2016.01.27 2015고단2992

횡령등

Text

Defendant shall be punished by a fine of four million won.

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

Reasons

Punishment of the crime

The defendant appears to have written indictment in writing on December 2013.

The victim C ( South, 34 years old) was able to teach through the Internet site related to recidivism.

The defendant and the victim decided to operate the specialty point in the same business.

The Defendant invested money necessary for the opening and operation of a local specialty store, and the victim is responsible for the operation of the company, and the defendant has opened the specialty of the trade name "E" in Gwangju Mine-gu.

On June 2014, the Defendant and the victim came to the end of the year.

1. On May 26, 2014 and May 27, 2014, the Defendant received and stored KRW 700,000,000,000 in total, from the victim’s test to “the victim’s name account he/she managed” in the French Site located in Gwangju.

However, around May 2014, the Defendant embezzled approximately KRW 5 million among them for personal purposes in the Buddhist land located in Gwangju metropolitan area.

2. On September 24, 2014, the Defendant: (a) on September 24, 2014, caused an accident that “the Defendant was involved in driving a sirend vehicle to the victim.”

It is urgently necessary to cover 5 million won of the cost of dealing with accidents.

There is no person to borrow money.

When a person lends money, he/she shall receive a loan later.

“A false representation was made.”

However, in fact, the defendant did not have any traffic accident, and it was thought that he will receive money from the victim and use it as a cost of living.

The defendant deceivings the victim as above, and he received 5 million won from the above victim's account in the name of the victim on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the witness C;

1. Application of Acts and subordinate statutes to the detailed statement of deposits and withdrawal;

1. Relevant Article 355 (1) of the Criminal Act and Article 355 (1) of the Criminal Act (the point of embezzlement, the choice of imprisonment), and Article 347 (1) of the Criminal Act (the point of fraud and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 of the Criminal Procedure Act of the Provisional Payment Order