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(영문) 부산지방법원 2013.11.29 2013고정3791
횡령
Text

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

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

Reasons

Punishment of the crime

On October 201, the Defendant embezzled KRW 30,389,760,00 in total from March 18, 2013 to March 18, 2013, by withdrawing KRW 700,000 in cash from the KRB cash payment machine at the head of the Silsan-dong, Busan Metropolitan City, which was known of the fact that money owned by the victim was deposited in the said new bank account with the Defendant’s payment account, while the Defendant was in possession of money for the Defendant’s payment account by obtaining a check card from the victim C, who was aware of the fact that he was in possession of the Defendant’s payment account.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes to a report on investigation (Attachment to trade statements);

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act to attract a workhouse;

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

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