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(영문) 광주지방법원 순천지원 2013.04.16 2012고정951
횡령
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Around November 9, 2011, the Defendant made an investment in the agricultural community, in front of the agricultural community, which is located in Pakdong-si, with a view to securing a sales unit of raw water that sells raw water, etc. to the victim B at X-Spo site. The Defendant received 7.9 million won in cash from the victim, and around that time delivered the amount of KRW 8 million in total, including one million in his money, to C, under the name of a sales unit of raw water.

On December 2, 2011, the Defendant listened to the speech that he was unable to secure a livelihood sales unit from the above C in the street near the fire station located in the Southern-si, which was a police officer, and was returned the money of KRW 7.9 million of the said victim from the above C and was in custody for the victim. The Defendant consumed the money for personal use, such as living expenses, in the time of the leisure in the time of the female water.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to D and C

1. Relevant Article 355 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 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;

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