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(영문) 부산지방법원 2015.05.13 2014고단9905

횡령

Text

Defendants shall be punished by imprisonment for six months.

However, from the date of the conclusion of the judgment, each of the above defendants is against the defendants for one year.

Reasons

Punishment of the crime

While the Defendants were engaged in goods transaction with the victim F who operates the “E” in Busan Dong-gu, Busan, the Defendants demanded the victim to pay the amount of KRW 130 million.

Accordingly, the Defendants agreed to transfer the claims that should be received from G to the victim, and Defendant A issued to the victim a certificate of custody of the borrowed money in the name of Defendant B and G at the above E office operated by the victim around September 2007.

Around December 18, 2007, the victim used the above loan custody certificate to collect the claims against G by using the above loan custody certificate with the Defendants, and requested for the cancellation of the above provisional disposition entry registration on September 2009, H, the spouse of G, as “the right to claim for cancellation of ownership transfer registration by subrogation,” and the defect of the provisional disposition entry registration that the creditor as “Defendant B,” made to the creditor as “Defendant B,” and the above H demanded the cancellation of the above provisional disposition entry registration.

The Defendants, around September 28, 2009, received KRW 30 million from H, and agreed to exempt the remainder of the obligation to the above G and terminate the above provisional disposition, and then received KRW 10 million from H on the same day on the same day. On November 19, 2009, the Defendants received KRW 20 million from H on the same day, and used them for the purchase fund of apartment units for the victims around that time while being kept for the victims.

As a result, the Defendants conspired to use the above money owned by the victim at will and embezzled.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's office and the police's statement concerning the F;

1. A certificate of borrowing and safekeeping, a full certificate of registered matters, a debt collection statement, and a claim receipt;

1. The application of each investigation report (to listen to the statements of a witness H phone, hear statements of a witness G phone, hear K phone statements from a person in charge of a J company, and hear L phone statements in charge of business of a J company);

1. Relevant Articles 355(1) and 30 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence.