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(영문) 울산지방법원 2015.02.06 2014고단3478

횡령

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 31, 2013, the Defendant: (a) received a request for title trust from the victim F in Ulsan-gun, Ulsan-gun; (b) completed the registration of ownership transfer under the name of the Defendant on the 6th of the same month with respect to the 203rd floor GNa-dong 203, Ulsan-gun, Ulsan-do; and (c) took custody of the victim, on or around December 31, 2013, the Defendant completed the registration of ownership transfer under the name of the Defendant; (d) obtained a loan of approximately KRW 16 million from the branch office of the Ulsan-do, Ulsan-do, Ulsan-do, U.S., Ulsan-do, the registration office of the Republic of Korea, located in the registration office of the Republic of Korea on the 31st day of December 2013.

Accordingly, the defendant arbitrarily provided the above real estate held in title by the victim as a security for the defendant's personal obligation.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of suspect of H by the prosecution;

1. A protocol of the police examination of the accused or H (including theF statement);

1. Statement of the police statement concerning F;

1. A complaint;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant Article 355 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment [the scope of recommending punishment] Article 334(1) of the mitigated area (one to ten months) [the decision of sentencing] [the defendant did not agree with the victim]. The defendant's failure to reach an agreement with the victim; the sentencing factors that are disadvantageous to the defendant; the defendant committed a crime; the defendant's mistake when he committed a crime; the defendant paid the money borrowed as security to the real estate of this case; the cancellation of the registration of the establishment of a neighboring establishment of the real estate established in the real estate of this case; the defendant recognized that the real estate of this case was trusted by the victim; and the registration of ownership is made to the injured party.