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(영문) 서울서부지방법원 2015.11.05 2015고정1212
횡령등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who, from February 2, 2014 to April 2014, operates a supermarket with the trade name of "Catt" in Gyeonggi-do, Denam-si, Seoul.

1. The Defendant’s embezzlement around February 18, 2014 and the same year

3. From 17.B. to 17.B. the consignment sale of grain equivalent to 10,418,500 won was requested from the victim D twice.

On March 2014, the Defendant arbitrarily consumed the amount of KRW 2,391,350 as operating expenses, such as employee's benefits, while being in custody of the above grain and the sales proceeds entrusted for consignment for the victim on consignment, and embezzled the victim's property.

2. Around March 4, 2014, the Defendant made a false statement to the victim G of “F” office located in the Republic of Korea, Gyeonggi-si, Gyeonggi-si, that the Defendant would receive a deposit of KRW 4-50 million from the Macrops if he/she loans KRW 20 million for opening the goods to open the domestic Macro, and that he/she would receive a subsidy of KRW 15 million from the Gacro management company, and that he/she would receive a payment after three days.

However, the fact is that the tenant did not have a fixed term of the contract at that time, and it was not always paid with the Ascream business subsidy, and even if the tenant borrowed the above fee from the victim, there was no intention or ability to pay it within three days.

The Defendant, as above, by deceiving the victim, received KRW 20 million from the victim, namely, the transfer from the victim to the victim for the purchase price of goods.

Summary of Evidence

1. Each protocol concerning the examination of the suspect against the accused (including the G substitute part);

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes on the petition of G production;

1. Relevant Article 355(1) of the Criminal Act, Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act, the choice of each fine for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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