beta
(영문) 부산지방법원 2015.05.11 2015고정115

횡령

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

[criminal power] On May 29, 2014, the Defendant was sentenced to one year of imprisonment with labor for fraud, etc. at the Busan District Court on August 26, 2014, and the judgment became final and conclusive on August 26, 2014. On September 26, 2014, the Defendant was sentenced to ten months of imprisonment with labor for a violation of the Attorney-at-Law Act at the Busan District Court, and the judgment became final and conclusive on January 30, 20

【Criminal Facts】

On August 13, 2012, the victim B requested the operation of tourist bus vehicles by communicating with the defendant on August 13, 2012, and lent the buses of the D company through the defendant.

On August 17, 2012, the Defendant received a remittance of KRW 1,280,000 to an indeption account designated by the Defendant on August 17, 2012, stating that “The Defendant shall make a consultation with the D Company to deposit the bus fare after making a request.”

While the Defendant kept the fare of KRW 1,280,000 to pay to D Company, he voluntarily consumed and embezzled for personal purposes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Previous records: Results of the search of each case, and the application of Acts and subordinate statutes;

1. Relevant Article 355 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) 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;