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(영문) 의정부지방법원 2015.11.25 2015고단2733
횡령
Text

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

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

Reasons

Punishment of the crime

On January 2014, the Defendant requested C to use money under the pretext of violating the Punishment of Violences, etc. Act (collective, deadly weapons, etc.) by committing a violation of the Act on the Punishment of Violences, etc. (collective, deadly weapons, etc.) in a meeting room located in the medical institution located in the Dong-dong, Gyeonggi-do, and requested C to use money under the pretext of attorney-at-law fees and agreement fees in relation to the above case, and at the time of custody of money owned by the victim, the Defendant used KRW 14 million in total as a financial institution under the name of D on February 5, 2014, and transferred money to the bank on March 3, 2014, and kept it for the victim, and used KRW 4.5 million in the name of attorney-at-law for the victim and for personal consumption of the remaining KRW 9.5 million for drinking, food, etc. around that time.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning B;

1. Application of Acts and subordinate statutes to a criminal investigation report (report on the submission of details of transactions of passbooks C), investigation report (E attorney call call report);

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. In the sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order, it is reasonable to punish the defendant strictly in light of the following: (a) the defendant was issued a summary order on the ground that the defendant was issued a false statement that he/she would immediately reach an agreement if he/she forwards the agreed amount to the victim at a similar time by deceiving the victim's mother of the victim by deceiving him/her of five million won, by using the part other than the attorney's fees and the amount used as the attorney's fees, agreement fees, etc. among the amount requested by the victim who was under detention for use as the name of attorney's fees, agreement fees, etc.

However, the defendant is guilty.

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