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(영문) 청주지방법원 충주지원 2013.05.01 2013고정42

횡령

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The Defendant, while working in the road construction site in Pyeongtaek-si C, was transferred to the account in the name of the Defendant, the victim D of Chinese nationality, who worked in the same field, and the victim was transferred to the account in the name of the Defendant, and agreed to pay the amount to the victim.

On July 11, 2012, the Defendant received 5,90,000 won from the victim’s account in the name of the above E and got the victim to keep the same for the sake of the victim, and immediately consumed 2,00,000 won out of the above amount as the personal debt repayment for E, and transferred 3,90,000 won to the account in the name of the Defendant, and embezzled 3,90,000 won out of the above amount as the personal debt repayment and living expenses.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Details of transactions by period of receipt;

1. Application of Acts and subordinate statutes on investigation reporting;

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

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;