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(영문) 서울동부지방법원 2019.04.30 2018고정1145
횡령
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On May 31, 2016, the Defendant received a discount of 400 million won of an electronic bill from the victim B, which was issued by C, and consented thereto, and then sent the electronic bill to E account operated by D, one of its own jurisdiction, and kept the said electronic bill for the victim.

On June 2016, the Defendant, at a place not known at the beginning of June 2016, allowed D Co., Ltd., which actually operated Co., Ltd. E, to pay at will KRW 120,000,000 at its own face value to his customer as trading price.

As a result, the Defendant embezzled Chapter 4 of the electronic bill worth KRW 120,000,000, which is the victim's own face value.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Grade D of the protocol of interrogation of the accused by the prosecution;

1. The suspect interrogation protocol of the police as to B;

1. Each police statement made to F and D;

1. A complaint;

1. Recording records;

1. A public inspection document (a document sent, a list of records, a written opinion, and a statement);

1. A criminal investigation report (Submission of data), a criminal investigation report (D and in the currency);

1. One copy of the investigation report (to hear statements made in D) and the answer sheet;

1. Application of investigation reports (Submission of details of transactions in D deposit accounts) Acts and subordinate statutes;

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

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