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(영문) 수원지방법원 안양지원 2018.08.07 2018고정150

횡령

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

The Defendant is not in cash to engage in horse racing from the victim C who was known to the general public in the Mancheon-si, Sincheon-si on September 24, 2016.

The defendant's transfer of money to the defendant's account, and the withdrawal of money in cash is changed upon request.

The victim transferred 2 million won to the new bank account (D) in the name of the defendant by making his wife.

On the same day, the defendant sent 300,000 won to the victim, and refused to return the remaining 1.7 million won while being kept for the victim.

Summary of Evidence

1. Some statements made to the prosecution or the police in the protocol of interrogation of the accused;

1. Statement made by the police against C;

1. Each investigation report (Attachment of details of account transactions of a suspect, hearing of complainant's statement by telephone, hearing of statements by telephone manager of the tele-public notice network);

1. 112 Notification of the details of processing reported cases;

1. Complaint;

1. Application of Acts and subordinate statutes governing deposit certificate;

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;