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(영문) 전주지방법원 2016.06.09 2015고단2277

횡령

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The Defendant, as an authorized intermediary, recommended the construction of the Korea-U.S. company with limited liability to the victim C, D, E, F, G, H, etc., and required to invest in the development of the J clan land located in YY-gu I in the Seoul Special Metropolitan City. However, the above paper attempted to sell the above land to the Korea-U.S. comprehensive construction of the company with limited liability, thereby constituting the claim group, and provisionally attached the above land.

The above claim group received 750,000,000 won as the condition of the termination of the above provisional seizure from the original construction of the limited company, and distributed the remainder after deducting the amount equivalent to 35,363,111 won from the dividends of the limited company Hanmi Construction.

However, the above bond group received a claim from K for the portion of the Hanmi Construction with limited liability and received a demand to distribute dividends, and made the Defendant keep the said money until the owner of the said dividends is determined.

Accordingly, on November 25, 2013, the Defendant received the said money from the victim C, the representative of the above Credit Group, upon receiving a request from the victim C to keep the said money, and received the said money from the said Defendant via the Agricultural Cooperative Account in the name of the Defendant.

While the Defendant kept the above money in custody for the victims, the Defendant arbitrarily consumed the money for personal purposes, such as living expenses and the amount of debt repayment, etc. at the Jeonju-si.

Accordingly, the Defendant embezzled the amount of KRW 35,363,111 owned by the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes verifying a complaint, deposit receipt, and content;

1. Article 355 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Article 62 (1) of the Criminal Act suspended execution (including the fact that the accused who has no record of committing the crime repents his mistake, and the fact that the victims and the victims have agreed smoothly);