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(영문) 창원지방법원 2014.05.23 2013고단2678

횡령

Text

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

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

Reasons

Punishment of the crime

The Defendant is running gold-type and withdrawal business with the trade name “D” in Kimhae-si, and the victim E engages in the business of manufacturing medical devices with the trade name “G” in Yangsan-si.

On the other hand, at the victim's request in 2003, the Defendant produced 11 gold-type 11 of the medical device type (4 gold-type mar-type mar-type mar-mar-type mar-type mar-type mar-type mar-type mar-type mar-type mar-type mar-type mar-type mar-type mar-type mar-type mar-type mar-type mar-type mar-type mar-type mar-type mar-type mar-

After all, the appeal of I to the effect that it is difficult to keep the above gold punishment is the victim I and the above gold punishment was kept by the victim I, and the defendant subsequently received a proposal to use the gold punishment when the victim requests withdrawal from the defendant, and accordingly, the defendant arbitrarily disposed of the gold punishment by using the gold punishment in the production of the gold punishment separately requested by the victim from I from June 201, while the above gold punishment was kept after being transferred from I from the victim I, Kimhae-si, 2012.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Statement made by witnesses E in the third protocol of the trial;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Application of each police protocol of statement to E and I;

1. Article 355 (1) of the Criminal Act applicable to the crime;

1. Selection of a fine for selective punishment (as there is insufficient evidence to prove that the market price of the gold punishment embezzled by the defendant is 100 million won in total, consideration of the gold punishment embezzled by the defendant is deemed to be the market price, etc.);

1. Articles 70 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;