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(영문) 인천지방법원 2018.12.21 2018고정2023
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

On November 29, 2017, the Defendant was sentenced to imprisonment with labor for fraud, etc. at the Incheon District Court on November 29, 2017, and the judgment was finalized on December 8, 2017.

On April 25, 2017, the Defendant received 950,000 won from the victim C for the purpose of using the victim’s criminal agreement amount as the amount of the criminal agreement on the male-child district, in front of running the household, 151-hon 11, Seo-gu, Incheon, Seo-gu.

While the defendant kept the above money for the victim, he arbitrarily used it under the name of living expenses, etc. around that time.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Previous convictions in judgment: To search for a net case and apply the text of the judgment;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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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