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(영문) 수원지방법원 2015.08.13 2014고정2383
횡령
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

The Defendant, who is engaged in the trade and distribution business, was commissioned by the Victim D to sell 381 stuffs, and was sold through E, shall pay the full amount of the price to the Victim;

A. On December 12, 2013, after receiving KRW 5,000,000 from E to the account of a foreign exchange bank (F) in the name of the Defendant, both of them were used for expenses, etc. in the custody of the Defendant and embezzled them;

B. On December 23, 2013, when receiving KRW 10,000,00 from E to the said foreign exchange bank account, and then depositing KRW 8,000,000 on deposit to the victim, the remainder of KRW 2,000,000,000, after the payment to the victim, shall be embezzled by consuming it as one’s own living cost, etc.;

C. On December 31, 2013, by receiving KRW 7,000,000 from E to the said foreign exchange bank account, deposited KRW 5,000,000, and then embezzled the remainder of KRW 2,000,000 by consuming it as one’s own living expenses, etc.;

(d) receive transfers of KRW 4,500,000 from E to the said foreign exchange bank account on January 3, 2014, both are consumed as one’s living expenses, etc., and embezzled it;

E. On January 16, 2014, E, transferred KRW 1,500,00 from G to the said foreign exchange bank account, all of which are consumed by expenses, etc. in China, and embezzled them, the five indictments in the Do shall be deemed to be six times, but it shall be corrected ex officio, because it is obvious that it is a clerical error.

Throughout E, 28,00,000 won was remitted from E, etc., and paid 13,000,000 won to the victim, and then the remaining 15,000,000 won was wrongfully consumed for his own living expenses, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Part concerning the recording of the statement by a witness H in the fourth trial record;

1. Each part of the statement of the police interrogation protocol against the accused (including the part of the statement written D in the second cross-examination protocol);

1. Statement made to D by the police;

1. Details of investigation reports (the details of transactions in the EFC Account) and passbook transactions;

1. A written confirmation of deposit details;

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