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Reasons
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(영문) 부산지방법원 2013.11.28 2013고단5487
업무상횡령
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A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. The basic facts C and the victims D are children of the network E, and the Defendant is the same as the dynamics of the network E and the third degree of the victims.

The deceased E was deceased due to a traffic accident around July 14, 2003, and the victims were minors at the time, so on July 14, 2003, when the victims were appointed as the guardian of the victims, the guardian was replaced by the defendant around July 22, 2005.

2. Around July 22, 2005, the Defendant, as a guardian of the victims, was in charge of the management of the victims’ inherited property.

On November 28, 2006, the Defendant used KRW 186,631,671, which was inherited by the death of the above E, for the purpose of using KRW 3 million for living expenses, etc. at the time of his occupational storage for victims.

In addition, the Defendant embezzled total of KRW 156,631,671 by the same method from around that time until May 25, 2007 by consuming business funds, deposit money, living expenses, etc. in mind.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's protocol of examination of the accused;

1. Statement by the prosecution against C;

1. Each police statement of C or D;

1. Complaint;

1. A certified copy of the expulsion, a family court's adjudication statement, a written judgment, a finally certified evidence, and a copy of each decision on property specification;

1. Application of Acts and subordinate statutes of a list of savings deposit transactions;

1. The defendant, who is a guardian, of the victims of the reasons for sentencing under Articles 356 and 355(1) of the Criminal Code of the relevant criminal facts, must take care of the victims of the crime so that they can live well and live well. Despite the fact that the victims have difficulty in living, it is not good to use the insurance money paid to the victims in mind, and the amount of the damage in this case exceeds 180 million won, and the victims are constantly serving the defendant for severe punishment.

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