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(영문) 수원지방법원 평택지원 2018.04.13 2016고단2145

횡령

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is a person who engages in a false wholesale business with the trade name "D" in Pyeongtaek-si C.

On July 22, 2011, the Defendant received 30 million won from the injured party F's house in the Sungdong-gu E apartment building 503, from the injured party's house to the Saemaul Treasury account (number G) in the name of the Defendant, in the name of the sales proceeds of Dou self-import, and used it arbitrarily for the purpose of Japanese low-income business expenses around August 2, 201, as well as remitting 5 million won to H as the down payment for Japanese low-income business expenses.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and I;

1. Copy of the protocol of examination of the witness to I;

1. Part concerning the statement of F in the second police interrogation protocol against the defendant

1. Statement made by the police with regard to F;

1. A criminal investigation report (Submission of criminal suspect's particulars of passbook);

1. A criminal investigation report (a statement by a suspect related to the details of passbook);

1. Complaint;

1. Details of transactions by each unit;

1. Application of Acts and subordinate statutes on certificates of authentication and process;

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

1. Determination of the defendant and defense counsel's assertion of alternative imprisonment with labor

1. The summary of the argument is that the Defendant borrowed the foregoing KRW 30 million from F as business funds, not that the Defendant received and kept the said KRW 30 million from F as business funds, and that it was deposited from F in the name of the sales proceeds of Rotten Island.

2. In light of the facts found by the evidence duly adopted and investigated by this Court, the following circumstances revealed by this Court, namely, the F remitted the Defendant KRW 30 million from the investigative agency to the Defendant as the sales proceeds of the Gudic income, such as Gudddr, until this Court reaches this Court.

“.......” The F’s spouse’s interest Defendant and the F’s mistake in the supply and transaction relationship of the gas supplies.

I also is supplied by the defendant with the Rotten Dogs and Dogs in this Court.