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(영문) 부산지방법원 2016.07.14 2016고단1268
횡령
Text

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

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

Reasons

Punishment of the crime

On June 22, 2015, the Defendant: (a) received a request from the victim C, who was aware of in the vicinity of the common fishing market located in Seo-gu, Busan, Seo-gu, Busan, to the effect that “a loan was granted to 3,256 panty as security”; and (b) embezzled KRW 33,00,000 for a loan of KRW 33,00,000 in the name of the Defendant at the Young-do Saemaul Treasury located in Seo-do, Busan, Seo-gu, Busan, to the effect that “the loan was granted to 3,256 panty as security”; and (c) embezzled KRW 8,00,000 for personal purposes by taking loans from the victim E, victim C, and victim F.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement protocol with respect to E and C;

1. Application of Acts and subordinate statutes, such as a written notification, written confirmation, loan certificate, etc. sent by the Yong-do Saemaul Bank;

1. Taking into account such circumstances as relevant legal provisions on criminal facts, Article 355(1) of the Criminal Act regarding the choice of punishment, and Article 355(1) of the Criminal Act regarding the selection of fines (the amount of embezzlement is not so much significant that the sentence of punishment is to be imposed, the victim C wishes to find the Defendant’s wife, there is no record of criminal punishment for the same kind of crime, nor has no record of criminal punishment exceeding

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

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