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(영문) 의정부지방법원 고양지원 2017.09.07 2017고정742
횡령
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On January 17, 2013, the Defendant, at the victim D’s house located in Seongbuk-gu, Sungnam-si, Sungnam-si, 1210 Dong 1301, and around January 17, 2013, the victim, who had been insured several times through the insurance design design Defendant of the branch office in the modern Sea as the closing of the insurance policy, decided to pay in lump sum the pension premium for 20 months of the pension insurance purchased under the victim’s Dong E’s name as the victim’s Dong E around January 2013, was transferred to the foreign exchange bank account (Account Number:F) under the name of the Defendant.

While the Defendant kept the above money for the victim, he consumed the money for personal purposes, such as repayment of the loan, at the place of unsound.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Part concerning D in the protocol concerning the interrogation of the suspect against the defendant

1. Statement made by the police against D;

1. A deposit certificate and a letter [victim D] consistently made a statement consistent with the facts charged at the police station and this court, and each of the above statements is supported by the contents of each statement prepared by the defendant.

The defendant asserts that the victim borrowed 11 million won after five years from the date of borrowing the date of change.

However, the Defendant failed to properly state the contractual interest at the police (No. 1 of the investigation record No. 20-21 of the investigation record), and thereafter, the Defendant’s preparing and delivering a letter of intent to repay KRW 11 million to the victim by March 25, 2013 is inconsistent with the alleged facts that the date of the previous loan was set five years after the date of the previous loan.

Therefore, according to the above evidence, including the reliable statement of D, the facts charged in this case can be fully acknowledged.

Application of Statutes

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act concerning the choice of punishment;

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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