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(영문) 춘천지방법원 2014.05.01 2014고단87
횡령
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On March 17, 2009, the Defendant arranged to enter into a contract for opening a member shop of the G hotel E and F, a stock company, at D offices operated by the Defendant on March 17, 2009. On the same day, the Defendant was transferred from the victim the amount of KRW 17 million to the national bank account (Account Number H) in the above D name, and KRW 13 million to the same account around March 20, 2009.

The Defendant, as above, remitted the sum of KRW 30 million from the victim to the account of a national bank in the name of F Co., Ltd. (Account Number I) and embezzled the sum of KRW 20 million for personal use.

Summary of Evidence

1. Defendant's legal statement;

1. Complaints of E preparation;

1. Statement to E by the police;

1. Investigation report (report on the result of execution of a warrant of search and seizure);

1. Application of Acts and subordinate statutes on the release of deposits;

1. Article 355 (1) of the Criminal Act applicable to the crime;

1. Reasons for the sentencing of Article 62 (1) of the Criminal Act [decision of types] Embezzlement of Embezzlement Embezzlement 1 (100 million won) [Determination of the recommended area] Basic Field / [Scope of recommendation] April to 1 year / [general prison punishment] - Reduction element : serious half [Scope of punishment] statutory punishment of Article 355 (1) of the Criminal Act: January to five years : Unagreement - General Reference Reasons - No general Reference Grounds (unlawful Reasons): No effort is made for damage recovery - General Reference Grounds : The serious half of [decision of sentence] Defendant has no previous conviction for violation of the Traffic Accident Compensation Act at the Suwon District Court on May 27, 1992; Defendant has no previous conviction for violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents; Defendant has no previous conviction for violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents; Defendant has no previous conviction for lack of any previous conviction; Defendant has no previous conviction; Defendant has no injury to his health; etc.

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