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(영문) 부산지방법원 동부지원 2017.05.10 2017고단152

횡령

Text

1. The defendant shall be punished by imprisonment for four months;

2.Provided, That the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

On June 2012, the Defendant became aware of the victim’s financial services at the point D of the National Bank D where the victim C was the father of the branch.

On December 2, 2014, the Defendant: (a) on the part of the victim in a Buddhist restaurant in Suwon-gu, Busan; (b) on December 2, 2012, the Defendant: (c) on the part of the victim, a person called B and E operates a business to create waste treatment facilities in the Chungcheongnam-gun, Chungcheongnam-do; and (d) on the part of 200 million

B. The money will be delivered to E at the face of the principal.

“To receive money from the injured party who responded to the order,” and to receive money from the injured party.

On December 10, 2014, the Defendant received KRW 10 million from a post office account in the name of the Defendant, along with a request to the effect that he/she would request the said E to deliver the money to the said E as an investment.

While the defendant kept the above money for the victim, he voluntarily used it as his lease deposit around that time.

In addition, from December 10, 2014 to June 1, 2015, the Defendant received a total of KRW 124 million from the damaged persons under the same name as indicated in the list of crimes attached to the crime list, and delivered the total of KRW 80 million to the above E, and the remainder of KRW 44 million was arbitrarily used for personal purposes, such as the Defendant’s repayment of his own obligation.

Accordingly, the Defendant embezzled the victim’s property as above.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes on the statement protocol to C

1. Article 355 (1) of the Criminal Act, and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act (Article 62 (1) has been agreed upon with the victim and