beta
(영문) 전주지방법원 정읍지원 2015.02.10 2014고단440

횡령

Text

Defendants shall be punished by imprisonment for ten months.

However, as to the Defendants for two years from the date of the final judgment of this case, the Defendants are above.

Reasons

Punishment of the crime

The defendants are married couple.

Defendant

A around January 14, 2011, for the victim D and the victim E, Defendant A received an agreement on a lawsuit related to G Park Burial from F, etc., which the said victims agreed to receive from F, etc., and Defendant A received as Defendant A’s agricultural bank account (H) and made it a good cycle for the victims.

Defendants: (a) the agreed amount agreed upon to the victims on September 30, 2013; (b) KRW 88,334,00 on September 30, 2013; and (c) KRW 261 million on January 3, 2014; and (d) the same year.

4. Around 30.30.30.30 million won received and kept in custody for the victims, the Defendants were arbitrarily used for the construction cost of the medical care center under construction and embezzlement.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of D police statement;

1. A list of transactions;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Articles 355 (1) and 30 of the Criminal Act concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes;

1. Article 62 (1) of the Criminal Act of the Suspension of Execution (including the fact that there is no record of punishment for the same crime, the fact that the victim E agrees with the victim and the victim D has returned money equivalent to that of the same crime);

1. Article 62-2 of the Criminal Act of each community service order;