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(영문) 울산지방법원 2013.05.30 2012고정1513
배임등
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

[2012 High 1513] On August 8, 2007, the Defendant received 200,000 won of the victim C’s agricultural bank account from the victim C in front of the G cafeteria, and was asked to withdraw 200,000 won from the Seoul National Agricultural Cooperative.

The Defendant, upon receiving a request from the victim for withdrawal of deposits, did not have the obligation to withdraw deposits and pay 200,000 won to the victim. However, in violation of the said duty, the Defendant withdrawn 1,590,000 won from the Simpo-dong No. Gapo-dong No. 3 times on the same day, thereby taking property gains and suffered damage equivalent to the amount

[2012 High Court Decision 1514] The Defendant is a person liable for the call for education of public duty personnel.

Where a person liable for military service (excluding active service) moves his/her place of residence, he/she shall file a move-in report pursuant to Article 16 of the Resident Registration Act within 14 days.

Nevertheless, the Defendant, around February 19, 2010, did not make the aforementioned move-in report within 14 days while moving to Yongcheon-si E from Ulsan-gu D 203.

Summary of Evidence

[2012 High Court Decision 1513] Evidence records of the case

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

1. Statement of the police statement regarding C;

1. Details of deposit transactions and copies of the passbook of the Nonghyup [2012 High Court Decision 1514] Case evidence records;

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

1. A written statement;

1. Application of the Acts and subordinate statutes on the written accusation;

1. Relevant Article 355(2) of the Criminal Act, Articles 84(2) and 69(1) of the Military Service Act concerning criminal facts, the choice of fines, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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