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(영문) 전주지방법원 군산지원 2020.04.29 2020고정59

횡령

Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

The Defendant is a person who renders a Japanese wholesale in the following cities with the trade name of “B,” and the victim C is a person who renders a Japanese wholesale in Ansan-si.

In July 2016, they had been engaged in sales in the region of each other, and they should transfer all sales proceeds to those who requested the sales.

On July 2016, the Defendant: (a) provided the victim with the “E cafeteria” located in Hamsan-gun, Gyeongsan-gun, D, which read, “I would sell it to the victim because the victim would be able to buy because it would be able to do so; (b) on July 28, 2016, one quantity of a truck of 5 tons (100,000 won at the market price) and on July 29, 2016, two quantity of a truck of 1 ton (7 million won at the market price) as cargo transport.

However, the Defendant, upon request by the victim, remitted to the victim only one million won out of 17,015,934 won, which was sold, and embezzled by personal consumption of the remaining 16,015,934 won.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including the C statement);

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to the complaint, investigation report (Evidence List Nos. 20);

1. Relevant Article 355(1) of the Criminal Act and Article 355(1) of the Criminal Act, the choice of fines for the crime (the recognition of and reflects on the crime of this case, and the points agreed with the victim, etc.);

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;