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(영문) 수원지방법원 2020.01.09 2019고단5120

횡령

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On November 6, 2014, the Defendant was sentenced to six months of imprisonment with prison labor and two years of suspended execution due to fraud, etc. at the Suwon District Court, and the said judgment became final and conclusive on November 14, 2014.

【Criminal Facts】

Around July 10, 2014, the Defendant stated that “the victim’s house in Chungcheong City C requires money due to economic difficulties by the pharmaceutical company operated by an erroneous child,” and that “on the 25th day of each month, upon lending necessary money from the company’s president, KRW 3 million shall be paid, and the principal shall be paid after one year, and the principal shall be paid after one year, shall be paid.” From the victim around August 14, 2014, the sum of KRW 50 million was remitted from the victim under the pretext of investment, and KRW 10 million was kept for the victim. Around that time, the Defendant embezzled KRW 21.5 million from the above KRW 15 million by arbitrarily consuming it to the Defendant’s business funds, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of suspect examination of the police against the accused (including the substitute part);

1. Statement to C by the police;

1. Each statement of D and C;

1. Each investigation report (D telephone conversations), investigation report (including the submission of D transaction statements - attached E transaction statements);

1. A submitted AF trading, a statement of trading, a copy of G verification, and documents related to the place of use of investment funds for the submission of suspect;

1. A complaint (including attached cash storage certificates, etc.);

1. Previous convictions indicated in judgment: Criminal records, references to criminal records, amounts of dispositions, and the application of Acts and subordinate statutes;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Act is that the defendant has been punished several times for the same crime is disadvantageous.

However, it is against the defendant's recognition of the crime of this case, and the defendant's 100 million won paid from the victim as investment money.