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(영문) 인천지방법원 2013.06.11 2012고정3790
횡령
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On June 2008, the defendant introduced people to the victim Y and allowed them to lend money, and received 50,000 won per person as a referral fee from the victim.

On 209, the Defendant received a request from the victim to “A” in the Yongsan-gu Seoul Metropolitan Government Z, which is operated by the Defendant, to “A” from the victim, and received money on behalf of the victim, and kept a small bank containing promissory notes, etc. on behalf of the victim.”

At around January 11, 2010, the Defendant, at Lestoc above “A”, purchased one promissory note owned by the victim, stating that the victim’s obligor AB had a face value of 2 million won, the issuer AB, and the date of issuance on June 3, 2009.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness AB and Y;

1. Statement in each protocol of examination of witness against Y and AC of this Court;

1. The first protocol of examination of the accused by the prosecution (the statement part of the accused and the investigation record No. 68);

1. Application of statutes on copies of promissory notes;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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