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(영문) 인천지방법원 2018.01.19 2017고정1146
횡령
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a person who served as an employee of a real estate sales agent B, a real estate sales agent from December 15, 2015 to February 5, 2016.

On February 26, 2016, the Defendant received an amount of KRW 967,00 from the victim C (E) bank account under the name of dong C, a benefit account, from the victim B, and embezzled the said amount by refusing to return without justifiable grounds, even though he/she received a demand for return from the F of the purchase agent team leader of B until April 30, 2016.

Summary of Evidence

1. The defendant's legal statement (the seventh trial date);

1. Legal statement of witness F;

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

1. Application of Acts and subordinate statutes, such as a certificate of employment of the respondent, detailed information on the transaction of the corporate account A, the suspect A wage account, the G dialogue between the complainant F and the suspect, the payment details of benefits, and the transaction details of D bank account in the name of the Dispute Resolution Bank, a copy of the certificate of sales business employees, and the records of hotel H sales business fees in the name of the Dispute Resolution Bank;

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

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

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