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(영문) 서울중앙지방법원 2019.02.14 2018고정1238
횡령
Text

Defendant shall be punished by a fine of 1.5 million won.

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

Reasons

Criminal facts

The defendant is a person who works as a golf instructor at the Gangnam-gu Seoul Metropolitan Culture Center.

On May 2016, the Defendant called the victim at a place where it is difficult to know that the victim C want to sell golf loans with the knowledge of the fact that he/she would sell the golf loans, and embezzled it by refusing to return the said golf loans without justifiable grounds even though he/she was requested by the above E to return it on September 8, 2016, by refusing to sell the golf loans at a high price of the products.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and E;

1. Application of the Acts and subordinate statutes on the details of dialogues and Grans;

1. Relevant Article 355 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) 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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