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(영문) 수원지방법원 성남지원 2018.01.25 2017고정1672
횡령
Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On September 1, 201, the Defendant received a request for the management of shares with a share account of KRW 10,000,000 deposited from the victim C at the branch office of the financial investment branch, 360,000,000, in a 360-ro, Jink-gu, Sungnam-si, Sungnam-si.

In accordance with the above request, while the Defendant kept the above KRW 10,00,00 for the victim, the Defendant arbitrarily consumed KRW 5,140,000 for personal purposes, such as expenses, while withdrawing KRW 1,020,00 from the point of the said branch on November 9, 201, and KRW 1,020,000 on November 14, 201, and KRW 17,100,000 on November 17, 2011, and KRW 1,570,000 on January 20, 2012, and then embezzled KRW 5,140,000 on January 25, 2012.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Complaint;

1. Inquiries about details of transaction of commodities, and the application of statutes regarding transaction of contract numbers;

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act concerning the choice of punishment;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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