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(영문) 부산지방법원 2016.09.20 2016고정1144
횡령
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 26, 2015, the Defendant was sentenced to 10 months of imprisonment for fraud at the Busan District Court, and the judgment became final and conclusive on April 9, 2016.

From around December 2012, 2013 to December 31, 2013, the Defendant served as the president and the general secretary of C, a group of students with the same schools as B elementary school students.

On September 5, 2014, the Defendant received monthly membership fees of 100,000 won from C member D, etc., the victims, and cancelled the deposit while paying for Samsung Bio-resources reserve insurance in the name of the Defendant, and received a refund of KRW 11,415,702.

The defendant returned 5,000,000 won to the victims out of the cancellation fee so refunded, and embezzled 6,415,702 won for personal use.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation reports (Attachment of Details of payment of Samsung Bio-resources) and investigation reports (verification of payment method of membership fees);

1. Previous records: Application of the text of the judgment, the conet search output and output of the case to the Acts and subordinate statutes;

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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