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(영문) 부산지방법원 2015.02.06 2014고단8213
횡령
Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

On October 21, 2010, the Defendant was sentenced to imprisonment of two years and six months for fraud, etc. in the Gwangju District Court's Netcheon Branch on December 21, 201, and completed the execution of the sentence on December 6, 2012.

On April 22, 2013, the Defendant sold D Apartment 110 Dong 1404, which is the victim's possession, from the victim C who was under detention in the Busan High School meeting room located in the Busan High School, and was delegated with the sales proceeds to request the use of the proceeds for the victim such as the criminal defendant's attorney-at-law fees for the defendant's criminal case pending in the appellate trial, custody fees, etc., and deposited the proceeds of selling the above real estate into the Busan High School account in the name of the victim, which was opened with the delegation of the victim, and kept the proceeds of selling 9,708,010 won for the victim.

On April 26, 2013, the Defendant arbitrarily withdrawn KRW 3,00,000 from the above account and used it for personal purposes, and then arbitrarily withdrawn KRW 87,565,920 in the same way through the same method from July 31, 2013, and embezzled it for personal purposes or by refusing to return it.

Summary of Evidence

1. The legal statement of the witness C;

1. Each prosecutor's statement concerning C;

1. A detailed statement of transactions in free savings, details of transactions in each account, and a certified copy of the register;

1. A copy of set, inquiry into the current status of meetings of prisoners, various letters, copies of each written judgment, Internet letters, and recording of the contents of meetings of prisoners;

1. Automobile register;

1. Previous records: The application of Acts and subordinate statutes concerning criminal records, copies of each written judgment, and data concerning the custody of individuals;

1. Article 355 (1) of the Criminal Act and Article 355 of the same Act concerning the applicable criminal facts, the choice of fines;

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

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

1. Article 25(3)3, Article 32(1)3, and Article 32(2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss an order for compensation (not being clear in the scope of liability for compensation);

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