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(영문) 의정부지방법원 2017.06.22 2016고단2692

횡령

Text

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

Reasons

Punishment of the crime

On April 9, 2012, the Defendant borrowed KRW 70 million from the victim’s 2 savings bank located in Ulsan-si, Ulsan-si.

At the time, the defendant had been holding No. 605, 201, Nam-gu, Ulsan Metropolitan City B apartment house

The claim for the return of the deposit of KRW 70 million was transferred to the victim as a collateral.

On January 3, 2013, the Defendant received KRW 60 million out of the lease deposit from C, a lessor of B apartment building 605, 201, and embezzled by arbitrarily consuming all of the Defendant’s personal use around that time.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. A credit transaction agreement, real estate lease agreement, and notice of transfer of claims;

1. A loan certificate, 2015 Ghana 4527 written judgment;

1. Application of Acts and subordinate statutes on comprehensive credit transactions;

1. Grounds for sentencing under Article 355 (1) of the Criminal Act in relation to the relevant criminal facts and the choice of punishment;

1. One month to five years from the date of imprisonment with prison labor for a prison labor in law; and

2. The scope of the recommended punishment on the sentencing criteria [the types of decisions] the basic area [the scope of the recommended punishment] of Type 1 (a decision in the sphere of recommendation] (a decision in the sphere of recommendation] (a decision in the sphere of recommendation] [the scope of the recommended punishment] from April to April 1.

3. In full view of the circumstances below the sentencing criteria and other circumstances shown in the arguments of this case, such as the defendant's age, sex, environment, method and mode of the crime, and circumstances before and after the crime, the sentencing criteria shall be set as ordered within the scope of the recommended sentencing criteria.

- There are no criminal records of the same kind and no criminal records of the stay of execution or no effort to recover from damage;