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(영문) 제주지방법원 2013.06.27 2012고정894

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.

Reasons

Punishment of the crime

On March 2009, the Defendant provided that the victim E in D Caf in Jeju City, “F, who will be the victim’s mother, may be faced with economic difficulties due to debt problems arising in the course of the project,” and provided that the Defendant would deliver 20,000,000 won to the State F, to the State F, to solve economic difficulties.

On March 16, 2009, the Defendant arbitrarily consumed KRW 10,169,00 and embezzled KRW 10,169,000 while being kept in custody of KRW 20,00,00, a total of KRW 18,000, and KRW 20,000 in G’s account on March 23, 2009.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Statement to E by the police;

1. Inquiry about details of account transactions, application of each passbook transaction details and written confirmation of transaction details to the 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. Articles 70 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;