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Reasons
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(영문) 서울중앙지방법원 2014.01.20 2013고정2728
횡령
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The sentence against the accused shall be determined by a fine of KRW 4,500,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On June 201, the Defendant: (a) transferred 100 million won of the contract deposit paid by Z in return for the use of the patent of the victim AA to Z and kept it for the victim; (b) around that time, he arbitrarily used 30 million won for the personal use of the victim and embezzled it.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness AA and Z;

1. Statement by the prosecution concerning the Z;

1. A written appeal filed against the preparation of the AA;

1. Application of a contract for non-exclusive license for AB technical rights, an attached contract for non-exclusive license for technical rights, and a certificate of confirmation by a bank;

1. Relevant Article 355 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. The following circumstances revealed by the records of this case of conviction under Article 334(1) of the Criminal Procedure Act: ① In light of the content, circumstance, and the defendant’s role (it focuseds on the issuance of tax invoices for lending money to the account of the defendant, operated by the defendant, and it appears that the guarantee of the contract was made at the request of the defendant) of the contract entered into with the victim, the defendant does not seem to have allowed the defendant to use the amount of KRW 3 million out of the deposit to be received from the Z at the time of the contract; ② The telephone communications between the Z and the defendant (the defendant delivered the entire amount to the Z), and after the following, the defendant stated to the effect that "the defendant was stated in the statement to the Z, that he would have to pay the amount to the victim, participate in the contract, and know whether he would have to own the amount of KRW 30 million,000,000,0000,000,300,000).

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