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(영문) 청주지방법원 충주지원 2019.09.20 2019고단426

횡령

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 27, 2017, upon receiving the request from the victim B who sought money from the defendant, the defendant transferred the situation of the victim to the non-indicted C, a member of the fraternity operated by the defendant, and transferred the situation to the victim on the same day.

In addition, on November 27, 27 of the same year, while the Defendant received KRW 10 million plus interest KRW 1 million from the victim to the Defendant’s D bank account for the repayment of his/her obligation to C, and was kept for the victim, the Defendant embezzled the money from the Defendant’s house located E on the 28th day of the same month to the Defendant’s creditor’s G account through Internet banking to the Defendant’s creditor for the repayment of his/her obligation.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and B;

1. - Application of Acts and subordinate statutes

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

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;