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(영문) 수원지방법원 안산지원 2013.06.12 2012고단2131

업무상횡령

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, from April 1, 201 to July 30, 2011, operates a certified judicial scrivener office in the name of "D" in the name of "D" in the building 101 of Ansan-si, a member of an Ansan-si, and operates a certified judicial scrivener office in the trade name of "Yan-si E" from August 1, 2011, and is a certified judicial scrivener who is engaged in affairs on behalf of a customer, such as filing an application for provisional attachment or revocation of provisional attachment, an application for cancellation of a security following provisional attachment, or an application for cancellation of provisional attachment, and a person who collects deposit from the court on behalf of the customer and delivers it to

On June 5, 2011, the Defendant accepted the case of applying for provisional seizure of corporeal movables in the above D office from the FF Corporation, the debtor of the above D office, and filed an application for provisional seizure of corporeal movables in the Suwon District Court at around that time, and around July 1, 201, the Defendant received an order to submit a security to the effect that deposit 40 million won out of deposit 80 million won shall be a certificate of entrustment of payment guarantee, and the remainder 40 million won shall be deposited as 40 million won in cash from the victim on July 5, 2011, which was deposited as the above court deposit number 2341 in the above court deposit number 20 million won and received a decision of provisional seizure of corporeal movables on the ground that there was no corporeal movables of the said D Co., Ltd. on September 28, 2011.

Around October 21, 2011, the Defendant was delegated by the Victim FF Corporation with the duties of claiming for recovery and receipt of the above deposit amount of KRW 40 million from the victim FF Corporation, and applied for recovery of deposit in the above court on November 3, 201, and was transferred to a new bank account in the name of the Defendant on the same day and embezzled for the victim’s business on the same day while he/she was in custody for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the accused in the first protocol of trial;

1. A protocol concerning the suspect examination of the accused;

1. G. G.