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(영문) 울산지방법원 2015.6.12.선고 2014고단3209 판결

업무상횡령

Cases

2014 Highest 3209 Occupational embezzlement

Defendant

Ma-○ (81 years, South Korea), Company Board

Prosecutor

Lee Jin (Lawsuits) and Kim Customs (Trial)

Defense Counsel

Attorney Rental-ho

Imposition of Judgment

June 12, 2015

Text

A defendant shall be punished by imprisonment with prison labor for up to eight months.

Reasons

Facts of crime

The Defendant is a person who works for the head of the division at the Certified Judicial Scriveners office operated by the Han○○○○○, a victim of Ulsan-gu from October 31, 2008 to December 31, 2013, prepares real estate-related registration documents, such as transfer of ownership and creation of collateral security, and submits them to the relevant registry, and then issues the registration certificate to the requesting registry and engages in the settlement of such real estate-related registration affairs.

On June 10, 2013, the Defendant: (a) received a request from a person whose name is unknown, to the effect that “a person who does not know the name is responsible for handling the ownership transfer registration for the ○○○○ apartment apartment ○○○○○○○ apartment ○○○, Ulsan-gun, Ulsan-gun, Ulsan-gun, for the purpose of using the same as a private person’s fee for certified judicial scrivener fees received for the damaged person; and (b) used the same for the personal purpose from a day-to-day member in Ulsan-si, Ulsan-do to incur entertainment and living expenses.”

In addition, from October 2, 2012 to December 20, 2013, the Defendant embezzled KRW 64,748, and 416 in the same manner as the fees for certified judicial scriveners in Ulsan City through the same method over 293 times, such as the table 1, and the table 2 attached to crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Gambling* Each police protocol of statement about *

1. Each complaint;

1.Each investigation report;

1. Table of compiled daily settlement reports, and details of receipt of Internet registration;

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Articles 356 and 355(1) of the Criminal Act; the choice of imprisonment

Reasons for sentencing

1. Determination on the application of the sentencing criteria

[Scope of Recommendation Form]

Type 1 (100 million won) Basic area (from April to April)

【Special Convicted Persons】

None

2. Determination of sentence: Imprisonment with prison labor for up to six months;

Considering that the Defendant did not have the same criminal history for the Defendant, and that the Defendant deposited KRW 30 million for the victim, it is favorable for the Defendant, or that the Defendant has continuously embezzled for a long time more than one year, and that the Defendant was working in the office of a certified judicial scrivener in the operation of the victim on September 2013, ** even though he was pointed out of embezzlement from the police officer on September 2013, the crime of embezzlement is not good in light of the fact that the Defendant continued embezzlement from the above certified judicial scrivener’s office to the immediately preceding retirement from the above certified judicial scrivener’s office. Such circumstances and other circumstances, including the Defendant’s age, character and conduct, environment, the background that the Defendant was faced with the instant crime, the circumstances before and after the instant crime, and the circumstances before and after the instant crime, etc., the punishment as ordered shall be determined as per the text.

Judges

Judges Dok-ju

Site of separate sheet

Attached Table 1 and 2 Omissions