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(영문) 광주지방법원 목포지원 2018.02.20 2017고단382
횡령
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

[Criminal record] On August 30, 2016, the Defendant was sentenced to imprisonment with prison labor for ten months and a fine of two million won for fraud, etc. in the Gwangju District Court Branch Branch on August 30, 2016, and the above judgment became final and conclusive on January 6, 2017.

[2] On February 20, 2016, the Defendant introduced C, the owner of a large field of field to the victim B, and arranged the victim to enter into a contract to purchase the large wave cultivated by C from approximately KRW 8,100,00 for approximately KRW 12,50,00 per square year, and KRW 12,50,000,000, in total, of KRW 1250,000.

On February 24, 2016, the Defendant received a delegation from the injured party to transfer money to C under the name of the above large-frequency purchase price, and transferred only KRW 50 million among them to C, and was in custody for the injured party, and used the remainder of KRW 20 million as personal personnel expenses, etc. around that time. On March 10, 2016, the Defendant was delegated by the injured party to transfer money from the seller to C, and was in custody for the injured party, and was used voluntarily as personal debt repayment, personnel expenses, etc. around that time.

Accordingly, the Defendant embezzled the total amount of KRW 50,120,000,000.

Summary of Evidence

1. Each legal statement of witness B and C;

1. The first written protocol concerning E concerning the examination of suspects by the prosecution;

1. A detailed statement of each transaction (the sequence 3, 4 of evidence list);

1. Previous convictions in judgment: Application of the Acts and subordinate statutes concerning the results of inquiry, text of judgment and personal confinement;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Articles 70 and 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;

1. The Defendant again commits the instant crime during the period of repeated crime even though he/she was already punished several times for the same kind of crime under Articles 32(1) and 25(3) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation.

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