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창원지방법원 마산지원 2014.04.08 2013고정847
횡령
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

From June 1, 2008, the defendant kept and managed the money of the victim as a general manager of the victim C.

1. The defendant, around June 26, 2008, inflicted injury on F in relation to the distribution of clan property at the home of the defendant No. 119, 507, Changwon-si, Changwon-si, D apartment 119, 507, in relation to the case of inflicting injury on F in relation to the distribution of clan property.

7.26. 26. and 3.

8. On October 14 of the same year, 1,00,000 won was spent for personal transport at the police station’s attendance at the police station on two occasions, and 1,000,000 won was spent for the victim’s money for personal use by paying the victim’s money at the expense of the fine for the above injury case.

2. On September 23, 2009, the Defendant filed a lawsuit seeking compensation from F in relation to the above injury case, and concluded an adjustment to the Changwon District Court ordering F to pay F KRW 500,000,000. On September 24, 200, the Defendant spent KRW 628,000 in total as the relevant litigation cost, including KRW 50,000,000, for the victim’s money, and consumed the victim’s money for personal purposes.

Summary of Evidence

1. Each police interrogation protocol against the accused;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes on entry and departure;

1. Article 355 (1) of the Criminal Act and the choice of fines concerning the relevant criminal facts;

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

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

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

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