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(영문) 의정부지방법원 고양지원 2015.08.21 2014고단1217

횡령

Text

[Defendant A] The defendant shall be punished by imprisonment for ten months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On February 11, 201, Defendant B was sentenced to a suspended sentence of four years and six months of imprisonment for the crime of injury resulting from quasi-rape and injury to quasi-rape, and the crime of embezzlement in the Goyang branch of the Jung-gu District Court.

2. On March 23, 2006, Defendant B leased the instant ginseng land E and six (hereinafter “the instant ginseng field”) from the Korea Rural Community & Agricultural Corporation Korea branch office, and Defendant A knew that around around 2008, Defendant B was operating a business with the above contents of the ginseng field with Defendant B, with the victim F, by making an oral lease of the instant ginseng field from Defendant B, and then planting ginseng. The ginseng cultivation expenses between the victim and the victim were settled every year at the end of the year, and the ginseng purchase cost began by planting ginseng around two years around March 2009 after the agreement was reached that the ginseng purchase price would have been halfed. Defendant B and the victim are operating a business with the above contents.

On December 15, 2012, Defendant B proposed that Defendant A would cooperate with other persons in selling and purchasing the ginseng listed in the instant ginseng field (hereinafter “the instant ginseng”), and Defendant A would have the ownership and possession right of the ginseng listed in the instant ginseng field to Defendant B while accepting it, and that Defendant B would not raise any objection to the transfer of the ginseng of this case to other persons under his own name, and Defendant B would not raise any objection to the transfer of the ginseng of this case to Defendant B.

Since then, Defendant B decided to transfer the ginseng planted in the ginseng field of this case to G by using the above agreement, and on December 2012, Defendant B received KRW 135.8 million from H and sold it to H.

Accordingly, the Defendants conspired with the Defendant.