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(영문) 부산지방법원 2016.01.20 2015고정4409
횡령
Text

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

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

Reasons

Punishment of the crime

The defendant and the victim B are in a debt relationship, and the defendant failed to pay the borrowed amount (40 million won), and the victim was ordered to pay a civil lawsuit to Busan District Court and the execution officer was executed by the execution officer based on this order, attached a seizure tag to the defendant on the electronic equipment, such as the air conditioners inside the Busan Central City, Jung-gu, and the first floor D cafeteria, and the victim was awarded a successful bid from the court.

On February 10, 2015, the Defendant, at around 11:00, embezzled the cash payment note (2 million won) with the victim while the victim kept an article at the above D cafeteria, and disposed of the article in custody as agreed between the victim and the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for B and E;

1. An investigation report (F currency of tenants) and an investigation report (receiving premium agreements by facsimile);

1. Application of Acts and subordinate statutes on payment order, adjudication certificate, cash custody certificate, and certificate of seal imprint;

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

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