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(영문) 대전지방법원 2017.11.01 2017고단2279

횡령

Text

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

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

Reasons

Punishment of the crime

On October 13, 2008, the Defendant agreed to operate a wedding hall with the victim C, public prosecution, and D, E as a partnership business, and worked as a director of the said company.

On July 15, 2009, the Defendant borrowed KRW 150 million from the victim, with the above D and E, at the above office of the company located in the Dong-gu Daejeon-gu Daejeon-gu, Daejeon-gu, with a loan of KRW 150 million. In the event that the above company fails to pay the borrowed money by December 15, 2009, the Defendant drafted a written payment agreement to transfer the operating deposit of KRW 80 million held by the Defendant against Iwale to the victim.

The Defendant, as a result, failed to repay the above loan by December 15, 2009, and eventually transferred KRW 80 million to the victim of the business bond against Iwa Holdings. On December 31, 2009, the Defendant, upon receiving 4 million won out of the above credit from I Trading staff J, and then used it as the sales fund, business promotion expenses, credit card payment, etc. of FF corporation around that time. From that time until May 31, 201, the Defendant embezzled it by using the above credit amount of KRW 65 million as the expenses for business promotion of FF corporation while receiving 65 million from the credit amount to May 31, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to K in the police statement;

1. Investigative report (a copy of suspect interrogation protocol, etc. of suspect A related to suspect A);

1. A criminal investigation report (Submission of the details on receipt of the original deposit of eight million won by suspect I Telecommunication);

1. Application of Acts and subordinate statutes to report on investigation (to hear suspect DNA statements);

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act concerning the selection of punishment (a comprehensive determination of fines);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Taking into account the circumstances leading up to the crime in light of the place of use of the embezzlement for the reason of sentencing of Article 334(1) of the Criminal Procedure Act, and the fact that there is no record of the same crime, etc.