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(영문) 대전지방법원 서산지원 2020.06.11 2020고정54
횡령
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant was working as a motor vehicle with automobile with the victim E in the middle of March 2019, and entered into a sales contract with the victim E to purchase KRW 3,500,000,000 from the victim E in the middle of March 21, 2019, and was in custody for the victim after being transferred KRW 2,50,000 to the defendant's money or the agricultural bank account under the name of G to the defendant's leakage or G deposit for the above used vehicle in the name of the victim. At that time, when the sales contract was cancelled due to the lack of consultation with the seller's side of the above used vehicle and the sales price was returned to the victim, the Defendant embezzled KRW 1,50,000 among them from the 22th of the same month to the 27th of the same month by using living expenses, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on the transactions of entry and departure;

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

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

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