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(영문) 인천지방법원 2017.04.14 2017고정627
업무상횡령
Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

The Defendant has been engaged in the distribution and export of gold produced in the mine in which C, a mining development enterprise, which was a mining development enterprise, from February 1, 2009 to October 31, 201, has been engaged in the business of distributing and exporting gold produced in the business of distributing and exporting it.

On October 2011, the Defendant has been engaged in the exploration of gold extracted from the company mine and the gold mine of the said victim company at the office of the victim company located in the Si of Kameraon on or around 2011.

During the process of receiving gold from E and selling it for the victim company, the victim company arbitrarily brought about 176g of the market price of 4.2 million won, which is the victim company, by placing it in the defendant's personal depository at around that time for the purpose of obtaining profits.

Accordingly, the Defendant embezzled the property of the victim company.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation report (related to telephone conversations for a witness);

1. Application of the Acts and subordinate statutes governing gold photographs discovered at a lodging house A;

1. Article 356 of the Criminal Act applicable to the crime, Articles 356 and 355 (1) of the Criminal Act, the selection of fines, and the selection of fines for the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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