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(영문) 대전지방법원 2016.01.27 2015고단2903 (1)

횡령

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 2014, the Defendant jointly purchased the ginseng field with the victim D and the victim E, cultivated ginseng, and sold it, and then divided profits. The Defendant purchased the ginseng field with the total of KRW 1,500,000,000 in 1,200,000 by investing the victim D in KRW 50,000,000, the victim E, and the Defendant’s 250,000,000, respectively.

From October 2014, the Defendant stated in the instant indictment that “from January 17, 2015,” but the time when the Defendant kept the damaged money for the victim is indicated in the same indictment as around December 18, 2014 and around February 10, 2015. The Defendant’s defense counsel asked about whether he/she entrusted the sale of ginseng extracted from his/her business from Oct. 10, 2014 in the process of examination of G and responded to the said witness. In light of the gist of the Defendant’s and his/her defense counsel’s defense counsel’s defense counsel’s defense counsel’s defense right, this part is obvious clerical error and thus, is corrected ex officio.

For the same year

1. From 20 to 20, the G management “H” store 37 of the operation of the G in the Geumsan-gun of Chungcheongnam-gun was entrusted with the sale of ginseng extracted from the victims and the said G.

Of the above ginseng sales proceeds of KRW 250,00,000, the Defendant: (a) transferred KRW 60,202,000 on December 18, 2014 and KRW 80,200,00 on February 10, 2015 to the account; and (b) stored for the victims, the Defendant embezzled KRW 140,202,00 on the part of the victims by using the Defendant’s obligation repayment, etc. at his own discretion, even if the settlement of profit and loss was not completed; (c) then, the Defendant embezzled KRW 140,202,00 on the part of the victims.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D, I and G;

1. Each protocol concerning the examination of suspect of the police in relation to G (including the part concerning the statement of D or E);

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 355 of the Criminal Act concerning the crime

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