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(영문) 부산지방법원 동부지원 2015.07.01 2015고정507
횡령
Text

Defendant shall be punished by a fine of KRW 500,000.

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

Reasons

Punishment of the crime

On June 30, 2014, at around 21:20, the Defendant: (a) received from the victim D a set of 14K gold bars equivalent to the market value of 400,000 won owned by the victim; and (b) was in custody for the victim; (c) subsequently, the Defendant refused and embezzled the victim’s request for return on several occasions thereafter.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Application of the police statement law to D;

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) 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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