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(영문) 서울남부지방법원 2017.01.12 2016고정1949
횡령
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On October 21, 2016, the Defendant was sentenced to two years and nine months of imprisonment for fraud, etc. at the Seoul Southern District Court, and the said judgment became final and conclusive on December 23, 2016.

On February 20, 2013, the Defendant: (a) connected to the lake site in Gangseo-gu Seoul Metropolitan Government B building; (b) paid KRW 48,200 on the condition that he/she lent for five days until February 24, 2013, and (c) sold the said son’s 2 (16GB) to another person at his/her own discretion at the same place; and (d) embezzled the said son’s son’s 2 (16GB) on the condition that he/she lent for five days from February 24, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the law of the police statement protocol to F;

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

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) shall apply;

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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