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(영문) 의정부지방법원 2015.07.09 2015고정1024

횡령

Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

2. Where the defendant does not pay a fine, 100,000 won.

Reasons

Punishment of the crime

1. On November 25, 2008, the Defendant, under the name of hospital expenses, was to invest in the apartment auction jointly with the victim B, and was issued a KRW 10 million from the victim under the name of the successful bid price for the apartment and was in custody for the victim, and embezzled by using at will five million won under the name of the Defendant’s wife’s wife expenses around January 2009.

2. On December 4, 2008, the Defendant embezzled embezzlement under the name of living expenses by arbitrarily using KRW 2.7 million as the living expenses of the Defendant in January 2009, while receiving KRW 10 million from the victim as the name of participating in a new apartment auction from a container office located in Namyang-si, Namyang-si, the Defendant embezzled embezzlement of KRW 2.7 million under the name of the Defendant’s living expenses.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol law to B

1. Article 355 (1) of the Criminal Act applicable to the crimes. Article 355 (Selection of Fine)

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

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;