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(영문) 부산지방법원 서부지원 2019.10.24 2019고정302
횡령
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is a person who operates the "C" World Trade Organization in Busan Northern-gu B, and the victim D was a person who worked as an employee for the above World Trade Organization.

On August 21, 2018, the Defendant recommended the victim to jointly purchase the ice cosmetic, requested the victim to purchase the above one, and received 140,250 won from the victim to the agricultural cooperative account in the name of the Defendant, and received the order from the victim on October 16, 2018.

However, the Defendant embezzled 140,250 won at the market price by rejecting the return, i.e., embezzlement of one of the following: “Co-purchaseing virtual scams in a way that the victim accused the Defendant against the labor office on the ground that the part of the Defendant is bad by filing an accusation against the Defendant on the part of the Defendant without minimum wage.”

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Account statement;

1. Application of Acts and subordinate statutes to each investigation report (the confirmation of files submitted by a complainant and the statement of the chief of office serving as the complainant);

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

1. Punishment of a fine not exceeding 300,000 won to be suspended (one hundred thousand won per day);

1. Article 59 (1) of the Criminal Act of the suspended sentence ( Taking into account the fact that the defendant returned the advanced sentence to the victim and that the defendant was the first offender with no criminal records);

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