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(영문) 서울북부지방법원 2018.07.20 2018고정848
횡령
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On September 2016, the Defendant received a request from the victim B to join the successful bid system in which C is a main share, and then joined the successful bid system in the name of the Defendant, and then received a payment from the injured party and received the payment from the injured party and delivered it to the said successful bid system.

According to this agreement, the Defendant received 4.5 million won in total from September 2016 to May 2017, and paid the payment to the victim, and the remainder of the payment was directly paid by the Defendant, but the amount was deducted from the Defendant’s liability to the victim.

After September 20, 2017, the Defendant received a map of KRW 7.5 million from the Ekbook located in C in Jung-gu Seoul Metropolitan Government as the fraternity of the successful bid, and embezzled it for the victim by arbitrarily consuming it for living expenses and debt repayment around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against B;

1. Application of Acts and subordinate statutes to a report on investigation (to file a certificate of deposit transaction records, etc.), a ledger copy, and a certificate of deposit transaction;

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

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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