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(영문) 울산지방법원 2015.11.02 2015고정544
횡령
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is a person who had performed a tree at C construction site located in Yangsan-si, and the victim D was a person who performed a job at the site of the above construction site.

On July 5, 2011, the Defendant received a remittance of KRW 2,50,000,000 from the Defendant’s agricultural account (F) of the Defendant’s wage that the Defendant would have to transfer to employees E while paying the monthly wage to employees through dive banking.

On July 11, 2011, the Defendant rejected the request for return, knowing that the amount of wages was erroneously remitted.

Summary of Evidence

1. A protocol concerning the police interrogation of the accused;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes on July 5, 201

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

1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014) and Article 69(2) of the former Criminal Act;

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

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