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(영문) 창원지방법원 2016.08.10 2016고정128
횡령
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On April 2013, the Defendant lent KRW 5 million to the victim F at the “E” store located in the “E” store operated by the Defendant in Chang-si, Chang-si, Chang-si, Seoul Special Metropolitan City, to the victim F, without setting the due date for repayment, and received the loan and the Defendant’s loan to the victim as collateral for KRW 12 million from the victim on March 2013, 2000 at the market price of KRW 20 million.

While the Defendant was in custody for the victim, from October 2014 to November 2014, the Defendant arbitrarily sold it to a precious metal dealer whose name cannot be known between his/her name and around, and embezzled the waste.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. The legal statement of the witness H in part;

1. Application of Acts and subordinate statutes on police statements made to F and G;

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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