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(영문) 전주지방법원 2015.07.21 2015고정6
횡령
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Criminal facts

The defendant is a person who works as a head of an illegal gambling room operated jointly with the victim C in Seocho-gu Seoul Metropolitan Government B apartment 405, and plays a role of changing gambling.

Around July 2011, the Defendant, at the above gambling place, received a vehicle of KRW 16 million in the market price from the Ethical man and kept the said vehicle for the victim, and sold the said vehicle from G in light of the end of August 2012, the Defendant received KRW 4,500,000 from G, while the Defendant received from the victim the vehicle of KRW 16,000 from the Ethical man and kept the said vehicle for the victim.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Examination protocol of the accused by the prosecution (including the C substitute part);

1. Each police statement made to C, H, and I;

1. Application of the complaint, motor vehicle registration certificate and statutes;

1. Article 355 (1) of the Criminal Act applicable to the crimes;

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 of the provisional payment order;

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