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(영문) 춘천지방법원 2015.12.10 2015고단631

횡령

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On April 16, 2010, the Defendant was sentenced to a suspended sentence of two years for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes by the Chuncheon District Court, which was sentenced to a suspended sentence of six months on April 24, 2010. On September 22, 2011, the judgment became final and conclusive on November 10, 201 by the same court, which was sentenced to six months of imprisonment for a violation of the Road Traffic Act, etc. on November 10, 2014. On January 13, 2015, the same court was sentenced to one year and six months of imprisonment due to a breach of trust, etc. and became final and conclusive on August 7, 2015.

1. Around April 10, 2009, the Defendant, at the time of embezzlement related to the land located C, has arranged the purchase and sale of the same ri-M land owned by the victim D, namely, Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, G, H, I, J, K, K, and L, but has been issued a sales contract amounting to KRW 15 million to be returned to the victim from the above E, etc. due to the cancellation of the above sales contract, and has been kept for the victim, the Defendant embezzled it by voluntarily consuming it with personal business funds from the land located in Chuncheon-si around June 10, 2009.

2. On January 15, 2010, the Defendant: (a) entrusted the sale of N-owned land-related embezzlements to Chuncheon City and Chuncheon (hereinafter “the instant forest”); (b) on April 15, 2010, the Defendant claimed that: (c) on the part of the victim D, sold the amount of KRW 350 million in the development of the industry; (d) sold the amount of KRW 350 million to the Plaintiff; and (e) received the payment and kept the amount of KRW 350 million in custody for the victim; and (e) around that time, the Defendant claimed that the amount of KRW 63,500,000,000 - KRW 146,50,000 - KRW 60,000 in P-60,000 - KRW 80,000 in an amount of KRW 800,000,000,000 for each of the instant forest owned by the victim D; and (e) claimed that the amount of KRW 381 million in each of investment.