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(영문) 부산지방법원 2016.06.15 2015고정4468

횡령

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On July 3, 2013, the Defendant called “C and 12 million won in cash” to the husband of the victim B (n, 38 years of age) at a non-place, and called “C to prepare a written agreement with the head of the Party C at the present time when sending the Nameteme.”

However, the Defendant received the amount of KRW 12 million from the injured party to the bank account (D) and then embezzled the amount of KRW 12 million by arbitrarily consuming it for the said temporary closure without using it as agreed money.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Application of Acts and subordinate statutes to police statement protocol (a statement of annexed transactions) to B;

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. 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;