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(영문) 창원지방법원 2012.06.14 2011고단3068

횡령

Text

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

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant, while serving as a director of any horse race track business chain B, from August 2009, operated a spabed B as the victim C and Dong business from around August 2009, and the Defendant was in charge of sales business, and C was in lieu of operating funds.

On November 27, 2009, the Defendant purchased the funds raised by the victim C and sold 1080 Ma (21,600 g) to Haan-gun F in the name of the above B, and embezzled the amount of KRW 8,208,00 by using the funds for personal use and B operation of the Defendant’s own account in the name of the Busan Bank in the name of B.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. The police statement of H;

1. Investigation report (to hear a complainant's telephone statement);

1. Application of tax invoices, details of deposits and loans included in the statutes;

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;