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(영문) 대전지방법원 공주지원 2015.08.25 2013고단380

횡령

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On October 1, 2011, the Defendant received promissory notes with the face value of KRW 50 million (E) and the due date on January 27, 2012, when the Defendant requested the discount of bills from the victim D in the vicinity of the Yancheon-gu Incheon High Bus Terminal, Chungcheongnam-gu, Seoul Special Metropolitan City.

On October 7, 201, while the Defendant kept the said Promissory Notes at discount upon request of the victim, the Defendant requested the G Company I to have the discount of the bill deposited at H through the G Office located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, to ask H to use 20 million won out of the discount of the bill deposited at H for one month, and the Defendant also allowed H to use 20 million won out of the discount of the bill deposited at H without the complainant’s consent, for personal use, such as repayment of debt, etc., and then, the Defendant also allowed H to use 19.5 million won out of the discount of the bill deposited at the victim’s account and used 5.5 million won out of the discount of the bill deposited at the victim’s account, excluding the amount of the bill deposited at the discount of the bill, and the remaining 5.5 million won out of the discount of the bill deposited at his/her own debt, living expenses, etc.

Accordingly, the Defendant embezzled KRW 25.5 million owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D and H in the suspect examination protocol of the accused by the prosecution;

1. Each police statement made to I;

1. Two copies of each bill of exchange or promissory note;

1. Receipt for report of loss;

1. A specification of transactions and a specification of transactions;

1. The original of a payment note, cash custody note, or cash custody note;

1. Two copies of the contract and business registration certificate;

1. Application of Acts and subordinate statutes to a criminal investigation report, investigative report (Submission of the materials from the person for reference), investigation report (H and telephone conversations), investigation report (K and telephone conversations), investigation report (in the middle of endorsement and telephone conversations), investigation report (in the middle of endorsement and telephone conversations), investigation report (in the middle of endorsement and telephone conversations), investigation report (in the middle of telephone conversations) and investigation report (in the middle of

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. Circumstances favorable to the defendant among the reasons for sentencing under Article 62(1) of the Criminal Act.