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(영문) 춘천지방법원 원주지원 2016.11.07 2016고단755

횡령

Text

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

Reasons

Punishment of the crime

On January 8, 2016, the Defendant: (a) around January 29, 2016, in order for the Defendant to obtain a loan of the land E as collateral for the use of the land owned by the Victim C; (b) around January 29, 2016, the Defendant provided the Defendant with the said land as collateral at the Hanyang-ro 797-gil-ro 797-ro, Namyang-gu, Namyang-gu, Namyang-do; and (c) borrowed KRW 320,000,000 to the Defendant’s son’s son’s son’s son’s son’s

On January 29, 2016, the Defendant paid KRW 246 million to H, a creditor of D, and withdrawn KRW 10 million on the same day without the victim’s permission in cash, and transferred KRW 31,335,000 to I, a stock company operated by the Defendant, while keeping the remainder of KRW 74 million for the victim, and embezzled by using it as business funds of the Defendant from around that time to February 7, 2016.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, C, and J;

1. Application of Acts and subordinate statutes to the complaint filing and the president of loans;

1. Relevant Article 355 (1) of the Criminal Act and Article 355 (1) of the Criminal Act: Selection of imprisonment;