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(영문) 서울중앙지방법원 2014.08.26 2014고정839
횡령
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Around April 16, 2008, the injured party C, at the D's recommendation, the Defendant's seat, issued a written confirmation stating that the injured party was "contestee" to E, and the injured party C, at the same time, issued a written confirmation stating that the injured party was "contestee" to E, by selling five apartment bonds in the north-dong, Seodaemun-gu Seoul, Seoul, for KRW 10 million per bond.

(1) The Defendant knew that E sold the above apartment bonds 5 to another place, and received D’s delegation from around August 2009 to September 20 of the same year, and received subscription money of KRW 50 million from the (State) E office located in Seodaemun-gu Seoul from around August 2009 to the said company’s employees. At the time, the Defendant, while knowing that the above amount was to be refunded to the victim, he kept for the victim, while he knew that it was the money to be refunded to the victim, he was distributed KRW 10 million around August 29, 200 and KRW 10 million around September 17, 2009 to the victim, and embezzled it by using the rest of KRW 10 million on or around September 2009.

Summary of Evidence

1. Partial statement of the defendant;

1. Part of the prosecutor's protocol of interrogation of the defendant as C

1. Each police statement of C;

1. Application of Acts and subordinate statutes of written confirmation;

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the choice of punishment;

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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