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(영문) 부산지방법원 동부지원 2012.09.07 2012고단1569
횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 12, 2011, the Defendant, at the office of the victim C in Busan Shipping Daegu, displayed the victim’s photographic photo of the "Yeman" in Japan, and embezzled 20 to 30% of the market price of the victim's "Yeman," the Defendant purchased a yacht, and first sent 10% of the purchase price to Japan as the down payment." On December 12, 201, the Defendant embezzled 25 million won in total from the victim to the bank under the name of the Defendant's name on the 13th day of the same month, while he was transferred from the victim to the bank under the name of the Defendant for payment of the debt, fine, living expenses, and business expenses.

Summary of Evidence

1. The fifth protocol of trial;

1. Application of Acts and subordinate statutes of police statement protocol to C

1. The reason for sentencing under Article 355(1) of the Criminal Act for the crime is that the defendant purchases a yacht, and received down payment of 25 million won and used it for his/her personal debt, payment of fines, living expenses, etc., and the fact that the embezzlement money is not returned is an aggravated element, and the defendant has no previous conviction of the same kind, etc. shall be determined by taking into account the mitigation element.

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