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Reasons
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(영문) 수원지방법원 2016.08.24 2016고단2365
횡령
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A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as the president of the F Children’s House in Young-gu, Young-gu, Suwon-si, was aware of the victim D, who visited H Ba, which is located in G in Suwon-si, 201, as a guest, and operated the store at that place.

On November 1, 2013, the Defendant: (a) transferred KRW 80 million from an injured party to an account in the name of national bank in the name of F Child Care Center to an auction deposit; (b) transferred KRW 10 million from an injured party to an account in the name of F Child Care Center; and (c) transferred KRW 20 million from an injured party to an account in the name of F Child Care Center to an account of Korean bank in the name of F Child Care Center for the repayment of interest on the loan of F Child Care Center on the same day; and (d) transferred KRW 20 million from the injured party to an account of F Child Care Center in the name of 20 million on November 16, 2013; and (e) transferred KRW 20 million from the National Bank in the name of F Child Care Center to an account in the name of F Child Care Center; and (e) transferred KRW 200,000 to the account in the name of 200 on April 28, 2014.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of I by the prosecution;

1. Statement made by the prosecution with regard to D;

1. Each investigation report (as to the details of telephone conversations with K and I Account Transactions);

1. Details of financial transactions, details of deposit and withdrawal transactions, inquiry of account details, application of Acts and subordinate statutes on certificates of deposit transaction records;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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