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(영문) 수원지방법원 2018.08.23 2017고정528
횡령
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who was working as a trapter in the “D” heading “D” heading, operated by the victim C from November 2015 to August 2016.

On December 9, 2015, the Defendant entered into a “twiter and franchise agreement” on the condition that the Defendant would receive 50 percent of the basic salary and the payment of the 1,000,000 won and the 50 percent of the PT Leson’s expenses, after paying all the expenses for members and the members received from the victim and the members.

Around January 20, 2016, the Defendant received KRW 865,00 from E, a member of the above health care center, from around January 20, 2016, from around the time to August 8, 2016, the Defendant, through the foregoing method, stored KRW 17,950,000, total sum of the PT TWson’s expenses for its members, as indicated in the list of crimes in attached Form 21 by the same method, and used it for private purposes, such as living expenses, without paying to the victim.

Accordingly, the defendant was kept in custody for the victim.

17,950,00 won was arbitrarily embezzled.

Summary of Evidence

1. Partial statement of the defendant;

1. The first written protocol concerning the examination of the suspect against the defendant;

1. The legal statement of the witness C;

1. Twitners and franchise contracts;

1. Investigation report (the currency content of a witness - the verification of the terms and conditions of members recreationpersons);

1. Application of the Kakao Stockholm photographic Acts and subordinate statutes;

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act concerning the choice of punishment;

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

1. Determination on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The Defendant, in January 2016, entered into an oral agreement with C, which is a policeman, with DHS operator, and 50% out of the basic salary level of KRW 1 million and Leson’s expenses from 6 A.M. to 5 PT 5 PTson, and the Defendant would fully take part in PT Rason’s expenses from 5 A.M.

The defendant's total sum of 17,950,000 won paid directly by members shall be PT Leson.

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