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(영문) 대구지방법원 서부지원 2019.07.04 2018고정88
횡령
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On August 24, 2017, the Defendant was sentenced to imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) in the Seogu District Court's Branch Branch Branch on September 13, 2018, and the judgment became final and conclusive.

1. On July 5, 201, around 16:00, the Defendant was requested by the Victim C to discount one (D) of a promissory note amounting to KRW 35 million, with the date of issuance on July 5, 201; the due date on November 10, 201; and the due date on November 10, 201.

On July 2011, the Defendant, while receiving a discount of KRW 31 million on the said bill, kept the said discount of KRW 31 million on behalf of the victim, embezzled the said bill by arbitrarily consuming it without paying it to the victim.

2. On September 16, 201, around 16:00, the Defendant was requested by the Victim C to discount a promissory note causing KRW 35 million (F) on September 16, 201, prior to the date of payment, on September 16, 2011, and on January 10, 2012, the date of payment, and on January 10, 201.

On September 201, the Defendant, while receiving a discount of KRW 31 million from the said bill, kept the said discount of KRW 31 million for the victim, and embezzled the said bill by arbitrarily consuming it without paying it to the victim.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Statement to C by the police;

1. A complaint-a copy of a bill of commitment, a copy of a letter of commitment, and a copy of a certificate;

1. Previous convictions in judgment: Status of investigation (related to concurrent crimes under the latter part of Article 37 of the Criminal Act of the defendant A), three copies of judgment, and application of Acts and subordinate statutes of a list of related cases;

1. Article 355 (1) of the Criminal Act and Article 355 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

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) of the Criminal Act for the detention of a workhouse;

1. It is recognized that the criminal defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order are highly embezzled.

However, the defendant has no record of being punished for the same kind of crime.

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