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(영문) 대구지방법원 경주지원 2017.11.08 2017고단670

횡령

Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

[criminal record] On January 31, 2011, the Defendant was issued a summary order of KRW 300,000 as embezzlement from the Daegu District Court Racing Support, and on March 16, 201, the same year was sentenced to a suspended sentence of two years for August, 201 due to the Defendant’s violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents.

3. 24. The above judgment becomes final and conclusive and is currently under suspension of execution.

[Criminal facts]

1. On January 2016, the Defendant of embezzlement against the victim D may obtain one bond from the victim of the F Apartment-si G Apartment-si, Kimcheon-si, where the Defendant invested KRW 50 million in the F Apartment-si, which was implemented by the Plaintiff E, in the lower land in KRW 100 million.

“On February 12, 2016, the Defendant used KRW 72,80,000 from February 12, 2016 to March 10, 2016, for the purpose of creating the Defendant’s racing site and developing the Defendant’s land, and using KRW 10,000,000 as the Defendant’s new bank account in the name of H, which is the Defendant’s son, for the purpose of the Defendant’s personal debt repayment, while receiving KRW 10,00,00 from the Defendant to the Defendant’s new bank account in the name of H on February 15, 2016.

Accordingly, the defendant embezzled the victim's property.

2. On January 24, 2017, the Defendant spent KRW 17,021,40,000,000, in total, from the time to February 21, 2017, for daily expenses and the amount agreed upon by traffic accidents, when he/she received and retained KRW 30,000,000 from the injured person to the Saemaul Bank account in the name of the N in the name of the construction cost of solar power plant that he/she would build in the Gyeongjin-gun-gun-gun M., the Defendant voluntarily consumedd KRW 3,481,00 as a result of the transfer of KRW 3,481,00 from January 24, 2017 to the O for the house rent of the said H.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with respect to the N;

1. D. L. (including substitute part).