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(영문) 서울서부지방법원 2015.12.08 2015고정1593

횡령등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On May 2012, the Defendant introduced the sub-lessee E and F to the victim upon the request of the victim D who was the lessee of the "Seoul-gu B underground" and operated the above main points.

1. Around May 27, 2012, the Defendant: (a) received a deposit from E, the former lessee of the said main shop, to transfer KRW 10 million in total to the Defendant’s account under the name of five million and KRW 5 million in advance payment on a monthly basis; (b) remitted KRW 3 million to the owner of the said main building; and (c) kept the remainder of seven million won in custody; and (d) embezzled the money by arbitrarily consuming it to the Defendant’s living expenses, etc. at the site of the instant main shop around that time.

2. The Defendant for theft:

A. Around May 28, 2012, the victim arbitrarily sold to E a small wave equivalent to KRW 10 million at the victim’s market price set up at the above main point at the above main point, and then steals the above small wave by delivering it to E;

B. On October 2012, the Defendant disposed of the victim’s 3,00,000 won in the victim’s market value at the above main point at Habman’s above main point, which is equivalent to 3 million won in the victim’s price, 1,500,000 won in the market value, 1,000,000 won in the music room at the market value of 1,50,000 won in the market value, 4,000,000 won in the market value of 3,000,000 won in the computer, 1,000,0000 won in the market value, 2,000,000 won in the market value, and then disposed of the victim’s 1,81,00,000 won in the total of the market value.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Copy of each protocol of suspect suspect of the police against E;

1. Application of Acts and subordinate statutes to investigation reports (limited to the attachment of a copy of passbook transaction statement);

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;