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(영문) 대전지방법원 2017.05.24 2016고단1846
횡령
Text

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

Reasons

Punishment of the crime

The defendant is the defendant's complaint for management of B apartment house in Ycheon City.

From November 2010, the Defendant had been delegated by the victim C with the authority to engage in the lease agreement of 104 dong 1001, the above apartment owned by the victim C. On October 15, 2015, the Defendant entered into a lease agreement with D on behalf of the tenant, on behalf of the victim of the above apartment on behalf of the tenant, and kept KRW 5 million on behalf of the tenant, KRW 5 million on November 23, 201 of the same year, and KRW 60 million on the aggregate as the deposit amount of the lease on November 24, 2015.

On October 15, 2015, the Defendant used five million won, among the deposit money for the Jeonwon-gun, which was kept as above, for gambling in the Hanwon-gun, Gangwon-do. 5 million won around November 23, 201 of the same year, and used 55 million won for gambling from November 24 to 28 of the same year.

Accordingly, the defendant embezzled 60 million won stored for the victim.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. A lease contract for the lease of real estate on the preceding month;

1. A deposit slip;

1. Application of Acts and subordinate statutes on account transactions;

1. Relevant legal provisions for criminal facts and Article 355(1) of the Criminal Act that the amount of embezzlement for the reason of sentencing for the choice of punishment is a large amount, the victim's unrepared damage, and the criminal records of the defendant, etc.

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