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Reasons
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(영문) 대구지방법원김천지원 2020.10.28 2020고정192
횡령
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Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On February 2, 2019, the Defendant, within the office of the victim B (the age of 51) located in Chungcheongnam-si located in Chungcheongnam-si, said that the victim would be well aware of the household appliances that he/she intends to export to Sri Lanka, so that there is no problem in his/her export clearance.

On March 19, 2019, the victim instructed the "C", a witness of Sri Lanka, to transfer the amount equivalent to US$ 2,000 and US$ 2,262,00 to the bank account of the defendant for expenses for customs clearance.

The Defendant, upon receipt of this, embezzled 352,258 U.S. dollars 2,00 and 2,262,000 won in Korean currency and 352,258 U.S. dollars in custody for the victim by consuming the goods for export to the victim for the purpose that is not known around that time.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness B;

1. Some of the interrogation records of the accused by the prosecution;

1. The police statement concerning B;

1. In an investigation report (Attachment of Materials to be Submitted), investigation report (C submitted to the Defendant and the defense counsel claimed that US$ 2,000 were used as taxes and expenses for customs clearance operations. However, the Defendant and the defense counsel asserted that the Defendant used US$ 2,000 received from the victim as taxes and expenses for customs clearance operations. However, the following circumstances acknowledged by the evidence duly adopted and duly examined by this court, namely, ① customs clearance of monitors among the exported goods, but the Defendant spent certain expenses in the process of customs clearance, ② the victim stated that he paid the monitor through the “C” in the local area of Sri Lanka. The victim stated that he/she paid the monitor through the “C”. The materials supporting his/her statement were 347,742 US dollars (US$ 2,000) including taxes related to customs clearance to the Sri Lanka Customs Service, and ③ The Defendant submitted the receipt from the investigative agency on the monitor.

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