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(영문) 서울동부지방법원 2016.10.11 2016고정1231

횡령

Text

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

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

Reasons

Punishment of the crime

The defendant is a person who has served as an employee in the interior service company C operated by the victim B.

On March 10, 2013, the Defendant asked the victim to deliver KRW 2.2 million to the same employee of the same company. On the same day, the Defendant received KRW 3.23 million from E, which is the business partner of the above company, to the account of community credit cooperatives in the name of the Defendant, and embezzled the above amount by arbitrarily consuming it without delivering it to D at around that time, while receiving KRW 2.2 million, excluding KRW 2.3 million, which is the wage for the Defendant, to the account of community credit cooperatives in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol law to B

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the choice of punishment;

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;