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(영문) 대구지방법원 서부지원 2015.01.13 2014고단1460
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

From March 19, 2013, the Defendant was actually engaged in the fund management duties, such as the management of passbook and settlement, of the said company, as the victim corporation F, which was established for the E lending construction site in Daegu-gu, Dong-gu, Daegu-gu, and the second floor.

Defendant for the same year

4. Around October, 100, Gohap-do, Sincheon-gun, Sincheon-do, entered into a credit transaction agreement with the debtor FF Co., Ltd. and 500,000,000 won of loans, and on the same day, transferred loans of KRW 500,000 to H, in the name of F Co., Ltd., the victim Co., Ltd. and transferred the loans of KRW 500,000,000 to H on the same day, with the mind of the same day.

In addition, from around that time to May 2, 2013, the Defendant consumed a total of KRW 44,8190,000 through 15 times as indicated in the annexed crime list.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness I and H;

1. A copy of the bankbook;

1. An application for credit;

1. All the matters to be registered;

1. Application of Acts and subordinate statutes to investigation reports;

1. The grounds for sentencing under Article 356 of the relevant criminal facts and Articles 355(1) of the Criminal Act (Optional to Imprisonment) include: (a) a large amount of money equal to 450 million won between the defendant and the month in which he/she has embezzled a punishment; (b) real estate currently offered as security reaches the transfer of ownership to another person through an auction; (c) the defendant still denies the criminal intent until the court of this case; and (d) there is no repayment of the principal in addition to the repayment of the above loan interest; and (b) a considerable amount of punishment corresponding thereto is reasonable in light of the fact that the defendant has no record of punishment for the same crime; (c) there is money used for the business of some victims; and (d) there is a family member to support the real estate.

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