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(영문) 광주지방법원 목포지원 2016.02.01 2015고단1117

횡령

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 201, 201, the Defendant called the victim C in the vicinity of the E church located in Naman-si, Naman, and called the victim C, “If G operated by the F F funeral does not have any record of the boiler supply, and calls for a performance guarantee against G’s failure to trust whether G is able to deliver the boiler at the ordering company, it will be used only for the certification of bank balance and return it.

“The victim was transferred from the victim on October 14, 201 to a new bank account in the name of the Defendant and kept for the victim.” The victim was transferred from the victim on October 14, 201 to the new bank account in the name of the Defendant.

On October 17, 2011, the Defendant transferred KRW 250 million in custody to another account under the H’s name used by F to use it for the purpose of certifying the balance of bank, and on the same day, F used the said KRW 250 million, which was kept in custody through F, at will, for the manufacture cost of boiler parts.

Accordingly, while the defendant kept another's property, he embezzled it.

Summary of Evidence

1. Partial statement of the witness F;

1. Partial statement of the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. To make a statement concerning F in part of the protocol concerning the examination of suspects by the prosecution;

1. Part I of the protocol concerning the examination of suspect of the police against the accused (No. 2, page 73 of the evidence record);

1. Statement made by the police against C;

1. Investigation Report - In the name of the Guarantee Fund;

1. The e-mail of October 22, 201, and the e-mail of October 12, 2011 (the e-mail sent by the Defendant to C on October 12, 201, prior to receiving KRW 250 million, to C, is the way for the attorney (C) to help and present his/her thickness, and then to give his/her guarantee by 33th day thereafter.

In the e-mail sent by the Defendant to C on October 22, 201, after receiving KRW 250 million from C, the Defendant would bring us cash up to am and purchase it with the designated bank.

Attorney (C) prepare a thickness.