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(영문) 춘천지방법원 강릉지원 2018.08.16 2018고단362

횡령

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On September 1, 2016, the Defendant was sentenced to one year of imprisonment by reason of occupational embezzlement, etc. at the Gangnam Branch Branch of the Chuncheon District Court on September 1, 2016, and was released on June 30, 2017 and passed on August 31, 2017 during the execution of the sentence.

[2] The Defendant is a member of the victim D clan (hereinafter “victimd clan”) and completed the registration of ownership transfer in the name of the Defendant by inheritance from the deceased E and completing the registration of ownership transfer in the name of the Defendant, at the registration division of the original state support branch of the Chuncheon District Court around March 8, 2013.

The Defendant kept the instant land for the purpose of the damage of the clan and deposited 20,966,980 won in the H I bank account in the name of H I bank after deducting national taxes, etc. from March 25, 2016, while the instant land was sold by public sale on or around December 21, 2015, and deposited 20,96,980 won in the account in the name of HI bank under the name of “A” after deducting national taxes, etc., and withdrawn KRW 3 million around May 2, 2016 and embezzled the damaged clan’s land, etc., or disbursed litigation costs such as the appointment of a lawyer in a criminal case against the damage of the clan, or the division of the damaged clan, which was charged by the Defendant for embezzlement of KRW 18,541,218 for the purpose of voluntary consumption, as shown in the list of crimes in the attached Table. < Amended by Act No. 15205, Apr. 19, 2018>

Summary of Evidence

1. Legal statement by the witness J;

1. A complaint, a certified copy of real estate register, a letter of commitment, a letter of commitment, a detailed statement of regular taxation, a certificate of transfer confirmation, a statement of public notice of public auction, and a copy of a passbook

1. A statement of distribution for the public auction, notice of transfer of unpaid shares, and a written resolution for cash payment other than revenue and expenditure;

1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries and the current expropriation status of individuals;

1. Relevant Articles of the Act concerning the facts constituting the crime;