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(영문) 수원지방법원 2014.11.26 2014고단4848

횡령

Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From December 2008, the Defendant had tried from Vietnam to invest the victim C in the development of real estate in the finalized site for the relocation of the police school located in the 7th Gun of the Vietnam-si.

In the process, the defendant requested that the defendant deliver it to the victim from D on June 6, 2009 at the office of the defendant located in the 7-Si of Vietnam-si, the 7-Si, Ma, and 55,000 dollars in total, including USD 40,000 in return for investment, USD 12,00 in September 15, 2009, USD 5,000 in around November 27, 2009, USD 2,000 in around February 26, 2010, USD 2,000 in April 13, 2010, USD 1,000 in December 1, 2010 and kept for each victim, and KRW 5,000 in personal consumption, etc.

Accordingly, the defendant embezzled USD 55,00.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation report-Submission of evidentiary materials;

1. Application of Acts and subordinate statutes concerning embezzlement, such as receipts;

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

1. The reason for sentencing under Article 62(1) of the Criminal Act is against the defendant, the deposit of KRW 20 million for the victim, and the circumstances leading to the instant crime, etc. shall be considered.