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(영문) 인천지방법원 부천지원 2012.12.27 2012고정1006
횡령
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On April 201, the Defendant agreed to divide the sales agency fee into 5:5 with the victim C, while conducting the sales agency business of the F loan D and F loan D in Seocheon-si, Nowon-gu, and E.

From April 30, 201 to June 20, 2011, the Defendant, along with the victim, engaged in the sales agency business of the said three household units of the lending. From June 30, 201 to September 20, 201, the Defendant received KRW 9.5 million from G, the owner of the said lending, to June 30, 201, for the said three household units of the lending from June 30, 201.

While the Defendant kept 4,750,000 won as half of the above fees for the victim, he embezzled the above money for voluntary consumption without paying it to the victim around that time.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and C;

1. A complaint;

1. Application of Acts and subordinate statutes to investigation reports (to attach sales commission receipts and facsimiles);

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

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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