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(영문) 부산지방법원 2013.09.26 2013고정1071
횡령
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Around September 14, 2011, the Defendant agreed with C to take over a medical corporation Faum (hereinafter “instant hospital”) located in Yangsan-si E from the victim D to KRW 2.53 billion, and agreed to purchase medical equipment under the name of the instant hospital and to pay part of part of part of part of part of part of part of part of part payment in an underwriting contract with the instant hospital as security.

On November 9, 2011, the Defendant received 30 million won from the victim as the down payment for the purchase of medical equipment, and embezzled it for personal purposes, while keeping 10 million won in custody on behalf of the victim, from the victim, to the deposit account in the name of G, the head of which is the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H, D, and I;

1. Application of deposit lists and detailed statement of transactions Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the choice of punishment;

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

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

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