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(영문) 광주지방법원 목포지원 2017.05.25 2017고정218

횡령

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

[Criminal record] On August 18, 2016, the Defendant was sentenced to imprisonment with prison labor for one year and two months for fraud in the area of the Gwangju District Court, and the said judgment became final and conclusive on January 19, 2017.

[2] On February 23, 2016, the Defendant: (a) received the request from the victim E, who is the seat of D, to sell the passage of the B and the passage of the North Korea, at the time of the request of the victim E, who is the seat of D; and (b) sold each such passage to G.

Around March 25, 2016, the Defendant, who received KRW 1 million from the above G to the Suhyup account in the name of the Defendant (H). On March 27, 2016, the Defendant received cash of KRW 1 million from the J office in the name of the Defendant and received cash of KRW 2,240,000 from G to receive cash of KRW 2,240,000 from the said J office on March 28, 2016, and received cash of KRW 2,240,000 from G to receive cash of KRW 2,240,000 from the said J office under the same name. Around that time, the Defendant used the said money for the victim.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of each police station against D;

1. Each police statement protocol with respect to E and G;

1. Criminal records as indicated in the judgment: Inquiry about criminal history, copy of the text of the judgment, and inquiry about summary information of the case (Sabling support 2015, 1667) shall apply to the statutes;

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act concerning the choice of punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

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