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(영문) 서울서부지방법원 2016.05.27 2015고단3260

횡령

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the actual operator of the Eunpyeong-gu Seoul Metropolitan Government Construction Bank Co., Ltd., which entered into a sales agency contract with the private person in charge of the execution of the commercial building sale of the 5th floor building of the Eunpyeong-gu Seoul Metropolitan Government F Co., Ltd.

1. Around December 11, 2013, the Defendant: (a) at the 15th floor office of Eunpyeong-gu Seoul Metropolitan Government building D, the victim I transferred KRW 46,487,00 to the second intermediate payment and remainder payment of the said D building 16th E-49; and (b) the victim I kept for the victim after being transferred from J, which is an employee, the victim’s employee; and (c) should deposit the said amount with the victim’s second intermediate payment and remainder payment; (d) around December 16, 2013, the Defendant deposited the amount of KRW 23,243,500,000 into the LAB and embezzled the remainder of KRW 23,243,500,000, not by deposit with the said company, but by arbitrarily consuming the said company.

2. On December 20, 2013, the Defendant, at the 15th floor office of Eunpyeong-gu Seoul Metropolitan Government building D, embezzled KRW 17,457,50,000, after having entered into a sales contract with the victim K to the above F building A-48, and having delivered the sales contract deposit in cash, and KRW 18,457,50,00,000, including KRW 1,457,50,000, in cash, shall be transferred from the JJ, which is an employee, and kept for the victim, the Defendant embezzled the victim as the down payment to the LA, but instead, he embezzled KRW 17,457,50,00, other than the one copy of the KRW 1,000,000 Check without deposit to the above company, and embezzled it by arbitrarily using the debt repayment, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer against L or J;

1. Each police statement made to I, M, or K;

1. A copy of a written agreement, receipt, contract for sale in lots, confirmation letter, financial transaction statement, deposit sheet, account termination slip, check copy, account copy, account copy, response to a request for information on financial transaction, response to a request for information on financial transaction, application of Acts and subordinate statutes on the details of deposit transaction;

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

1. The former part of Article 37 of the Criminal Code, Article 38(1)2 of the Criminal Code, which increases concurrent crimes.