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(영문) 서울남부지방법원 2016.06.21 2016고정259

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

On May 12, 2010, the Defendant purchased 2 set-type equipment from the victim company (B 1 set-type equipment, C 1 set-type equipment) from the victim company, and agreed to acquire ownership of 27 million won in total, at around May 20, 2010, the Defendant kept 2 set-type equipment in the “E” operated by the Defendant located in Gangseo-gu Seoul Metropolitan Government D, with delivery of 2 set-type equipment on behalf of the victim, and around March through April 4, 2012, the Defendant embezzled 15 million won in the value of 15,000 won in the value of 15,000 won in the value of 3 medium-type equipment from the victim company to the non-public prosecution office.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to a contract, written confirmation for repayment, or written request for settlement;

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. Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014);

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;