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(영문) 대전지방법원 2013.11.29 2013고정1623

횡령

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On November 11, 2007, the Defendant leased the deposit amount of KRW 60 million from the Seo-gu Seoul Special Metropolitan City Down-dong 402, Seo-gu, Seo-gu, Daejeon, and received a loan of KRW 50 million from the victim's Ucheon Credit Union on December 24, 2007, the Defendant transferred the right to return the deposit amount to C to the victim and obtained C's consent.

On October 12, 201, the Defendant entered into a new lease agreement by setting the amount of KRW 50,000,000 for E, F, and deposit KRW 20,000,000, monthly rent, and KRW 450,000,000,000 for the new owner of Dara 402, and without notifying the transfer of the credit to E and F, the Defendant returned KRW 60,000,000 out of the lease deposit to E and embezzled the amount for personal use at around that time.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. The application of Acts and subordinate statutes to loan transaction agreements, written consent to assignment of claims, notarial deeds, and real estate lease contracts;

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the fact that there is no previous conviction and reflects the same reason for sentencing; (b) the perception of illegality was somewhat weak; and (c) the fact that the damage was partially recovered.