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(영문) 청주지방법원 2013.08.09 2013고단369

횡령

Text

A defendant shall be punished by imprisonment for not less than eight months.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

Around July 2008, the Defendant became aware of the Victim E and maintained her friendship with the victim. Around July 2008, the Defendant received KRW 400 million as consolation money from the victim’s home located in Jincheon-gun, Jincheon-gun, Chungcheongnam-gun, the Defendant: (a) received a request from the victim to “if she is divorced from her husband and received her husband; and (b) if she receives money from the passbook within the bad credit amount, she will be deducted from all creditors; and (c) accepted the request to “if she keeps and demands the same amount of money, she shall take the same away from her husband.” From July 29, 2008 to August 4, 2008, she received a total of KRW 385 million from the victim to the account in the name of the defendant, and kept it for the victim.

On August 5, 2008, the Defendant released KRW 10 million as a check with the intent to use it as living expenses, etc. from among the money in the said account from the Gocheon-gun, Jincheon-gun, Jincheon-gun, the Defendant embezzled KRW 140 million as the victim’s own account by transferring KRW 130 million as the intention to use it as housing construction expenses, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, H and I;

1. A protocol concerning the examination of the accused by the prosecution (including the whole part of the whole part of the E and H);

1. E prosecutorial statement;

1. Part of E in the police interrogation protocol against the defendant

1. Each police statement to E, H and J;

1. A H statement;

1. Details of transactions and construction contract;

1. Application of Acts and subordinate statutes to criminal investigation reports (K’s hearing related to new house construction works), investigation reports (a filing of a complaint and documents to be submitted by a suspect), financial transaction statements, inquiry reports, investigation reports (a criminal complaint E’s hearing of statements), each credit report, investigation reports (L’s hearing of statements), investigation reports (M, I’s hearing of statements), investigation reports (report on the result of execution of a warrant of search, seizure and verification), monetary reports filed by a criminal defendant;

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. Article 32(1) and (2) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. of Application for Compensation Order, is unclear.