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(영문) 서울중앙지방법원 2018.06.22 2018고정1283
횡령
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The defendant is a person who has operated a general restaurant with the trade name of Jongno-gu Seoul Metropolitan Government C.

On September 29, 2016, the Defendant borrowed KRW 20 million from the victim D Bank Co., Ltd. in the above restaurant, and entered into a contract for the transfer of bonds with the content that transferred KRW 20 million to the victim.

Nevertheless, around August 29, 2017, the Defendant received 11,130,650 won, excluding the delinquent monthly taxes, from the lessor E, from the lessor to the F account under the name of the Defendant and embezzled it for the victim by using it for personal purposes around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol of statement with respect to G and H;

1. A content certificate and a statement of remittance to an account;

1. Application of statutes on a contract for transfer of bonds or a copy of real estate lease agreement;

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

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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