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(영문) 의정부지방법원 2020.03.26 2019고정1152

횡령

Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

Around August 13, 2015, the Defendant introduced C to the victim B and lent two million won to it. From May 12, 2016 to June 9, 2017, the Defendant received 2,50,000 won in total from C to his/her account under the name of the Defendant as the repayment of the above loan and its interest, and stored for the victim. At that time, the Defendant embezzled it by using it at his/her own discretion at the Seocheon-gun, Seocheon-gun, Dongcheon-si, Seoul, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness B and C;

1. In light of the following circumstances acknowledged by the evidence duly admitted and investigated by this court, the defendant stated that the defendant did not have received the above money from the defendant, that the defendant provided that he did not have any money to him, but the defendant provided that he did not have any opinion that he paid the money on behalf of the defendant, and that the defendant did not have any objective data to recognize that he paid 2.5 million won to Eul, and that the defendant did not submit objective data to support that he paid 2.5 million won to B, the above argument by the defendant is without merit).

1. Relevant Article 355 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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;