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(영문) 서울중앙지방법원 2013.07.26 2013고정2032
횡령
Text

Defendant shall be punished by a fine of KRW 750,000.

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

Reasons

Punishment of the crime

On August 23, 2012, the Defendant was sentenced to imprisonment with prison labor and six months at the Seoul Western District Court for fraud, etc., and the judgment became final and conclusive on October 12, 2012.

1. At around 12:00 on August 24, 201, the Defendant leased and used 1.5 million won per day from the victim D, a lessor of Nowon-gu, Seoul, for the purpose of using the proceeds disposed of in front of the outlet No. 1,500,000 won per day and returned after use at the Eunpyeong-gu, Seoul, Seoul, on condition that the victim D, who is the lessor of Nowon-gu, transferred 1,500,000 won per day and returned after use. At around 26:30, around 18:30 of the same month, the Defendant used the proceeds disposed of in front of the outlet No. 439 of the Eunpyeong-gu Seoul, Eunpyeong-gu, Seoul, for daily living expenses, etc.

2. On August 25, 201, at the above C Hospital around 14:00, the Defendant leased and used 1,500,000 won of the market price under the condition that 1,50,000 won would be returned after using 1,00 won per day from the victim D. On August 25, 201, the Defendant used 1,50,000 won of the market price. At around 19:00 of the same month, the Defendant used 40,000 won of the price disposed of in front of the 1,00,000 won of the 1, and embezzled it by arbitrarily disposing of it

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement made by the police on D;

1. Application of the Acts and subordinate statutes in which a copy of the Nowon-gu Rental Agreement is entered;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

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