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(영문) 창원지방법원 마산지원 2013.09.05 2013고정355

횡령

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On June 16, 2008, the Defendant purchased and raised the invoice jointly with the victim C, and entered into a partnership agreement with the victim to distribute half of its sales proceeds, and around June 16, 2008, the Defendant received 6.5 million won from the victim as the purchase price for the invoice, purchased 5 mae of the invoice around that time, and raised at the stable of the Defendant in Gyeong-gun, Gyeong-gun, Gyeong-gun.

Therefore, the Defendant sold 5 marina raised from August 2009 to September 20 of the same year to E several times, and stored sales revenue of KRW 11,50,000 to be paid to the victim pursuant to the settlement agreement with the victim among KRW 16.5 million, which was consumed voluntarily due to personal living expenses, etc. around that time.

Accordingly, the defendant embezzled the victim's money.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Act on the Legal Statement of Witness C

1. Relevant Article 355 (1) of the Criminal Act and Article 355 (1) of the Criminal Act regarding the facts constituting an offense, the choice of a fine (i.e., initial offense, confession, reflectivity, agreement with a victim,

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;