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(영문) 서울동부지방법원 2017.09.07 2017고단1390
횡령
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On February 3, 2016, the Defendant was sentenced to a suspended sentence of two years on July 15, 2016 by the Seoul Eastern District Court for the crime of forging private documents, etc., and the judgment becomes final and conclusive on July 15, 2016, and is still under a suspended sentence.

On August 11, 2016, the Defendant made a proposal to the effect that “If the Defendant bears the burden of KRW 20 million due to the expenses incurred in the account inspection of the contract between E and F, etc., he/she will participate in the above contract and make profits if he/she bears the burden of KRW 20 million due to the expenses incurred in the account inspection of the contract between E and F, etc.” at the D accounting office located in Gangnam-gu Seoul Metropolitan Government building 9 level, the Defendant received two copies of KRW 10 million check from the damaged person, namely, on the pretext of funds necessary for the progress of the above contract, such as the account inspection.

While the Defendant kept two copies of the check on behalf of the victim, the Defendant commercialized the check at around that time and embezzled KRW 15 million for personal purposes, such as vehicle sirens and entertainment expenses.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including the G substitute part);

1. Each police statement made with respect to G and H;

1. A written statement of I;

1. Investigation reports (to hear statements by a certified public accountant of the J accounting corporation), investigation reports (to hear statements by a reference person K phone), investigation reports (to verify the details of presentation of checks, the presenter's statements, etc.), investigation reports (to verify the details of use of the suspect's bank account);

1. Recording records;

1. Details of transactions of deposits and withdrawals, replies to requests for details of financial transactions, and statements of transactions of deposits and withdrawals;

1. Investment contract, receipt, loan certificate, or service contract for the purpose of management participation;

1. Previous convictions in judgment: The application of an inquiry letter, such as criminal history, and the application of Acts and subordinate statutes on investigation reports;

1. Article 355 (1) of the Criminal Act applicable to the relevant criminal facts and Article 355 (1) of the Selection of Punishment;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: during the period of probation.

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