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(영문) 부산지방법원 동부지원 2015.10.26 2015고정310
횡령
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,500,000, and by a fine of KRW 2,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

C around December 15:30 on December 6, 2013, at the restaurant located in the Busan Dong-dong, Busan, the victim D (50 years of age) requested a discount on the total amount of fake electronic bills (E) 50 million won in the issuance of the KU to the KU to the KU, and the victim said that “the victim shall pay in cash the balance excluding interest 2% at a discount within 2-3 days, and interest 2-%.”

C and the Defendants, around December 9, 2013, concluded that the mechanical manufacturing company in Kimhae-si F, would have been aware that they would have divided the amount from discount of the said electronic bill in the “G office” office of Defendant A’s operation of the mechanical manufacturing company in Kimhae-si, by dividing the said electronic bill from the special special zone in the “G” office, and subsequently, they arbitrarily consumed the amount of KRW 38,00,000,000,000,000,000 from Defendant A’s corporate bank account (H) on December 9, 2013 from the special special zone in the “CB” and used it for each individual’s personal purpose.

As a result, the Defendants conspired to keep the above 38 million won for the victim and embezzled at will.

Summary of Evidence

1. Statement made by Defendant A in this Court;

1. Entry of each protocol of examination of suspect as to C and Defendant B prepared by the police;

1. Statement of statement on D prepared by the police;

1. Application of the Acts and subordinate statutes stated in the copy of the certificate, such as holding of an electronic bill, etc. (Evidence No. 10), copy of the information inquiry of a bill by recipient number (Evidence No. 11), and copy of the passbook (Evidence No. 113 of the Record);

1. Relevant Articles 355 (1) and 30 of the Criminal Act concerning criminal facts and the choice of punishment;

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, each of the provisional payment orders;

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