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Reasons
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(영문) 전주지방법원 2017.04.12 2016고정1026
횡령등
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Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On August 2013, 2013, the Defendant: (a) was requested to pay KRW 9 million, which was paid to C, out of KRW 922,00,00,000 paid to C from the victim who was the cause of the said strike, as the Defendant did not normally organize the guidance, at the beginning of the first 20,000 police officer; and (b) the Defendant was requested to pay KRW 9,00,000,000 paid to C out of KRW 9,222,00 paid to C.

While the Defendant kept the said gold amount of KRW 9 million for the victim, the Defendant arbitrarily delivered the said amount of KRW 9 million to D, without the victim’s permission, from the following areas: (a) around that time, a public prosecution that runs gambling in the following areas was conducted; and (b) embezzled the said amount of KRW 9 million without the victim’s permission.

On August 18, 2013, the Defendant, “2016, 1053,” made the victim’s personal account at the office used by the victim G of F2 in Yansan-gu, Seoul-si, Seoul-si, to organize the month consisting of 50 million won and 24 persons after the day from August 25, 2013. The Defendant made the victim’s account at the fourth unit (2, 9, 15, 19, 500,000 won and KRW 50,000,000,000,000 won and KRW 90,000 as of September 25, 2013.” On August 19, 2013, the Defendant made the victim’s account at the victim’s office and the victim’s account at the rate of KRW 94,000,000,000,000,000,000.

However, even if the defendant received the advance payment from the injured party, he did not have the intention or ability to pay the amount of the advance payment to the injured party.

Ultimately, on August 19, 2013, the Defendant, by deceiving the victim as above, received KRW 9 million from the victim to the Agricultural Cooperative Account (I) in the name of the Defendant’s wife H on August 19, 2013.

Summary of Evidence

[2016 High Court Decision 1026]

1. The defendant's legal statement (the date of the second public trial shall be the date);

1. A protocol concerning the examination of the suspect against the defendant (including a substitute part of examination);

1. Police in relation to C.

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