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(영문) 청주지방법원 충주지원 2017.02.17 2016고단997

횡령

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant: (a) was a person in a de facto marital relationship with D working as the vice president of the victim “C” company; and (b) around October 2013, when the victim was appointed as the vice president of D, the victim leased 105 Dong 2101 and provided D with it as a company house; and (c) completed a lease agreement with D with the lessee of the above apartment as a company house for convenience; and (d) around October 23, 2013, the victim registered the establishment of a right to lease on a deposit basis for the above apartment as of December 9, 2015. < Amended by Act No. 11614, Oct. 23, 2013; Act No. 11618, Dec. 10, 2013>

On July 13, 2015, the Defendant resided in the above apartment, and received a refund of KRW 15 million, which is a part of the deposit for the lease on an apartment, from F, which was around July 13, 2015. On January 9, 2016, the Defendant concluded a lease contract for the lease on an apartment with KRW 3.5 million, which was part of the deposit for the lease on an apartment remaining after the expiration of the lease on an apartment, and entered into a lease contract for the lease on an apartment with KRW 102,204,00,000,000,000,000,000,000,000,000,000 won, from F, who was arbitrarily kept for the victim, around August 4, 2016 and kept the lease on a deposit for the lease on an apartment with KRW 100,000,000,00 for the lease on an apartment with KRW 300,00,00.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with H and D;

1. Investigation report (report on telephone conversations with witnesses);

1. Application of Acts and subordinate statutes on certificates of all the registered matters, a written contract for the establishment of chonsegwon, a detailed statement of deposit of money prior to lease, a certified copy of the registry of real estate, a receipt, a certificate of confirmation of transaction of deposit money for lease on a deposit basis, a certificate of deposit on a deposit basis, a monthly rent contract for real estate (multi-family housing), a registration certificate, G apartment sales contract, I

1. Relevant provisions of the Act concerning facts constituting an offense;