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(영문) 울산지방법원 2016.06.02 2015고정312
횡령
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant introduced the victim D who operates commemorative production company to high school performers C, and arranged C to lend KRW 100 million to the victim on February 20, 2012.

On April 13, 2012, the Defendant received payment of KRW 30 million out of KRW 100,000,000 from the injured party’s debt to C, and received the payment of KRW 100,000,000 from the injured party to C, and “The Defendant paid KRW 15,00,000 to C, which means that there is KRW 10,000,000,000,000,000,000,000,000 were arbitrarily consumed as living expenses, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C and D;

1. Application of Acts and subordinate statutes to a process deed and a detailed statement of transactions of self-reliance deposits;

1. Article 355 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of fines;

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 (the defendant and his defense counsel) of the Provisional Payment Order (the defendant and his defense counsel received 30 million won from the injured person and used 15 million won under consultation with C according to the injured person's will after receiving 30 million won from the injured person;

However, according to the evidence duly adopted and investigated by this court, the victim's testimony, i.e., (i) delivered KRW 30 million to the defendant for repayment to C, where the victim had been forced to pay to C, and even according to C's testimony, C asked C to ask for delivery of C's account number, although C intended to pay C's account number, and the victim asked C to pay C's account number. Accordingly, according to this statement, the defendant did not obtain consent from the injured party for his own consumption of KRW 15 million without consent, and embezzlement has already been completed by arbitrarily consuming KRW 15 million without consent. (ii) The defendant, the defendant, and the defendant after voluntary consumption.

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