횡령
A defendant shall be punished by imprisonment for two years.
However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.
Punishment of the crime
On September 207, the Defendant was delegated with the overall management of property of the victims, such as the management of real estate lease tenants, deposit money, insurance money (school life savings, RING life insurance, Dong-type savings, Dong-type savings), installment savings, etc. with respect to all property of the victims, such as real estate owned by the victims (F apartment 104 Dong-dong 801, Seongdong-gu, Sungnam-gu, Sungnam-gu, and G A Dong 1013, Sungnam-gu, Sungnam-si), deposit money (hereinafter referred to as the same kind of gold, national bank, e.g., Dong-type savings), deposit money, installment savings, etc.
1. On December 12, 2007, the Defendant embezzled 40,000 won from the national bank account (H) account under the name of the victim to the account under the name of the Defendant and embezzled by withdrawing KRW 387,350,342 from the said national bank account under the name of the victim from around that time to June 28, 2013, as shown in the list of crimes in the attached Table, including the transfer of KRW 40,00 from the said account to the account under the name of the Defendant, and then borrowing KRW 387,350,342 for real estate investment without the consent of the victim.
2. On April 18, 2012, while the Defendant was in custody of the said property on behalf of the victim, the Defendant was granted a loan of KRW 30 million from a person in unsound name on the part of the victim on April 18, 2012, and entered into a mortgage contract with the debtor as to F apartment Nos. 104, 801, Jung-gu, Sungnam-gu, Sungnam-gu, Seoul Special Metropolitan City with the care of the victim as the victim and embezzled the agreement by having the right holder K and the maximum amount of the claim KRW 52,500,000 on the same day.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police for E;
1. Each report on investigation;
1. Details of entry and withdrawal of each complaint, details of each insurance transaction and payment of refund money for termination, application of Acts and subordinate statutes on real estate register;
1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;