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(영문) 부산지방법원 동부지원 2015.10.05 2014고정1779

횡령

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant has been working as a middle and long-term with D(30 years of age) in the used cars trading complex B in Busan Metropolitan Government, and is related to the victim D(30 years of age).

On April 2012, 2012, the Defendant was entrusted with the sale of G new rocketing car by the Defendant’s staff F at the fiveth floor parking lots of the building in Guro-gu Seoul, Seoul, through the Defendant’s staff member of the Defendant.

On April 14, 2012, the Defendant sold the above van to C, and received KRW 10 million and kept it for the victim. At around that time, the Defendant embezzled the above money by arbitrarily consuming its debt repayment, etc.

Summary of Evidence

1. Statement of the suspect interrogation protocol of the accused prepared by the police (second time);

1. Partial statement of the interrogation protocol of the accused prepared by the police (first time);

1. Statement of statement on D prepared by the police;

1. Application of Acts and subordinate statutes in which investigation reports (C telephone conversations and data submission) prepared by the police are recorded;

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;