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(영문) 전주지방법원 군산지원 2018.02.07 2017고단1533
횡령
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On July 21, 2016, the Defendant transferred the claim for construction cost of KRW 51 million against the victim C to ELS Corporation, and transferred the claim for construction cost of KRW 20 million against the victim to ELS corporation on September 27, 2016.

On October 16, 2016, the Defendant received money of KRW 30 million from the injured party to the account under the name of the Defendant for the injured party, along with the request from the injured party to pay the debt repayment funds to the said U.S. Co., Ltd. prior to the U.S. in lieu of the debt repayment funds, and kept the money for the injured party. At that time, the Defendant withdrawn the said money from the first time of the U.S. and embezzled it under the name of the Defendant’s business funds, living expenses, etc.

On December 9, 2016, the Defendant received money of KRW 20 million from the injured party to the account under the name of the Defendant for the injured party, along with a request from the injured party to make payment of the debt repayment funds to the said U.S. Co., Ltd. prior to the U.S. on behalf of the injured party, and kept the money for the injured party, the Defendant arbitrarily used the said money under the name of the Defendant’s business funds, etc. at YU-si and YA-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on a copy of a bankbook and a detailed statement of passbook transactions;

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 of the Criminal Act concerning the selection of punishment (Optional to a punishment);

2. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act, which increases concurrent crimes;

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

4. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order [Application of the sentencing criteria in favor of a penalty] is as follows: (a) Other factors such as the defendant’s age, sex, environment, motive, means and consequence of the crime; and (b) other factors of sentencing such as the defendant’s age, sex, environment, motive, means and consequence of the crime, etc. shall be determined as

The favorable circumstances: The defendant is recognized as committing each of the crimes in this case and is against the defendant.

The injured party could not pay the construction cost from time to time, and such reasons, etc.

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