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(영문) 인천지방법원 2017.02.02 2016고정3394

업무상횡령등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

From October 29, 2014 to February 28, 2015, the Defendant invested each of the victim E in KRW 80,50,000,000,000,000,000,000,0000,000,000,000 from the initial expenses of the victim E, and F invests in business, and the victim is registered and operated as the business entity, and the profits are divided by 1/3. The Defendant received cash and card sales from the damaged party to transfer the profits from the fee deposit account of the Defendant’s name, and decided to act together with the victim.

1. On December 15, 2014, the Defendant used 1,545,700 won in total in the same way from December 15, 2014 to February 28, 2015, including the transfer of 100,000 won from the fee deposited in the said fee deposit account for the victim’s business, to G with the Internet gambling fund, and consumed for personal use, as indicated in the list of crimes in the separate sheet of crimes, while the Defendant was in custody for the victim.

Accordingly, the defendant embezzled the victim's property.

2. Larceny;

A. On December 18, 2014, the Defendant: (a) committed a theft with a victim, who was a partner displayed at the same place in the Mart, 2014; and (b) with a string and a presses on the market price of the joint ownership.

B. On December 19, 2014, from around February 28, 2015 to around February 28, 2015, the Defendant: (a) committed theft, with a large amount of beer equivalent to KRW 4,500 in the market price with the victim, who was jointly owned by the Defendant and the partner who was displayed at the same space.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Statement made by the police with respect to E, F, and H (two times and replacement of witnesses);

1. Monthly rent contracts for commercial buildings, and inquiry about details of transactions;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to suspect data);

1. Relevant legal provisions of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act (the point of occupational embezzlement) concerning criminal facts, Article 329 of the Criminal Act (the point of intent) and the choice of fines, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.