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(영문) 인천지방법원 2016.09.23 2016고정991
횡령
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

D is a representative director of "E" for a secondhand master's shop in an athletic show that acts on behalf of a master's bank, etc. for sale, and the defendant is the business director of the above company.

Around February 14, 2014, the Defendant and D had been entrusted by the Victim F with the sale of “Embin 25,” the market price of KRW 10 million owned by the victim from the Victim F and kept the same.

Around December 3, 2014, the Defendant and D conspired with each other, provided at will the victim’s own discretion 25 bags as collateral to the “G” located in the Southern-gu Incheon Metropolitan City, and embezzled them using loans of KRW 10 million as employees’ benefits, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

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

1. Application of Acts and subordinate statutes on request for products;

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Articles 355 (1) and 30 of the Criminal Act concerning the selection 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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