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(영문) 서울서부지방법원 2013.04.11 2013고단171

횡령등

Text

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

2. Provided, That the execution of the above punishment shall be suspended for two years from the date when this judgment has become final and conclusive;

3...

Reasons

Punishment of the crime

1. On January 4, 2012, the Defendant: (a) at the coffee shop, he was aware of the trade name near the Gangnam-gu Seoul Metropolitan area, the Defendant used the said 40 million won in total as gambling money to the victim C who wants to obtain 30 billion won loans in relation to the development and sale business of the industrial complex; (b) “To obtain the above loan, the Defendant should first select a construction work to bear the joint and several liability obligations for the above loan; and (c) if it is necessary to identify the construction work and recruit the previous owners, the Defendant would deliver the said work to D if the cost is KRW 40 million is required.”

Accordingly, the defendant embezzled the above 40 million won.

2. Around May 6, 2010, the Defendant in violation of the Attorney-at-Law Act submitted a written complaint to “F” from Gangnam-gu Seoul Eda to “F” 60 million won by deceiving the horses from Gangnam-gu, Seoul, and wanting to arrest F, and submitting a written complaint to “humbing the horses and moving the address to Nowon-gu,” and, upon being aware of the situation, the Defendant was forced to arrest F within three months by soliciting the police officers to make a request for expenses necessary to make a solicitation, and received cash KRW 10 million from C to the Defendant’s account in the name of the Defendant.

As a result, the defendant received 10 million won under the pretext of solicitation for the affairs handled by public officials.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused in preparation of the public prosecutor (including the substitute part);

1. Statement and written statement prepared by a judicial police officer in charge of C;

1. Application of a copy of passbook and a copy of deposit certificate;

1. Relevant Article 355(1) of the Criminal Act concerning facts constituting an offense, Article 355(1) of the Criminal Act concerning the selection of a sentence, Article 111(1) of the Attorney-at

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62(1) of the Criminal Act;