횡령
A defendant shall be punished by imprisonment for not less than two years and six months.
Punishment of the crime
On February 16, 2015, the Defendant: (a) transferred the fishery right to the fishing ground of the E-fishing ground of the Sinnam-gun E-Gun fishing license F (a 1 L) from the victim D to the fishery right holder; and (b) transferred the fishery right to the E-fishing ground of the E-fishing license holder H (a 4 L) to the victim G; and (c) was entrusted with the right to transfer the fishery right from the victims.
On the same day, the Defendant entered into a contract with K to transfer a total of 300 million won of the fishery rights of each of the above fishing grounds at the J restaurant located in Gyeongdong-gun I, Gyeongnam-gun, and received 30 million won from K as a down payment, and then remitted the transfer proceeds of the fishery rights of KRW 50 million to the victim D and KRW 25 million to the victim G, respectively. On March 31, 2015, the Defendant received from K to the Defendant’s account in the name of L, which is the Defendant’s land, KRW 270 million as the remainder of the transfer proceeds of the fishery rights, and received from K to the Defendant’s account in the name of the Defendant’s land, KRW 45 million among them, and KRW 195 million as the transfer proceeds of the fishery rights of KRW 240 million,000,000,000,000 for D.
On March 31, 2015, the Defendant used 25 million won among the transfer proceeds of fishery rights kept by the victims for the purpose of the victims for the Defendant’s personal debt repayment against L and the same year from around that time.
4. up to 3. Around 3.00, the total sum of the transfer proceeds of fishing rights kept in custody for victims over 39 times, as shown in the list of offenses, was arbitrarily used for personal purposes.
Accordingly, the defendant embezzled the victims' property.
Summary of Evidence
1. Statement by the defendant in court;
1. A protocol concerning the interrogation of the accused by the prosecution;
1. Each police statement made to K and G;
1. Inquiries about the details of transactions of the K K's account;
1. Application of the Act and subordinate statutes to inquire about the details of transactions in the Suhyup bank account by Defendant name;
1. Grounds for sentencing under Article 355 (1) of the Criminal Act with respect to the facts constituting an offense;
1. The sentencing guidelines are recommended to be applied: one year to three years (basic area).