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(영문) 서울동부지방법원 2018.11.16 2018고정946

횡령

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 2015, the Defendant entered into a consignment contract with the victim E to deliver F to the Internet shopping mall cane, etc. at Seongdong-gu Seoul Metropolitan Government and D office, which received the payment from the customer and settled the sales revenue within 2-3 days.

Nevertheless, the Defendant, from September 3, 2015 to December 2015, 2015, received KRW 6,880,462 in total from customers and embezzled the F’s personal use of living expenses at will, and then, embezzled the F’s personal use.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of the Acts and subordinate statutes to the status of Korean and Japanese sales, and Korean and foreign documents;

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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;