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Reasons
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(영문) 춘천지방법원 원주지원 2013.09.26 2013고단527
횡령
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A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On November 18, 2009, the Defendant received from the victim C a letter of request from the victim C to the effect that “When deposit is made to a new bank account under the name of the head of the city, the head of the city, the head of the city, the head of the district bank, the head of the district bank, the head of the district bank, the head of the district bank, the head of the district bank, the head of the district bank, the head of the district bank, the head of the district bank, the head of the district bank, the head of the district bank, and the head of the district bank, the head of the district court, the head of the district court,

On November 24, 2009, the Defendant deposited KRW 160,825,50 of the above compensation in the new bank account under the above victim’s name from the office of the Reinforcement-gun on November 24, 2009, and deposited the cash from the above account to the new bank account under the name of the Defendant, and deposited the full amount of the compensation in the above account under the name of the Defendant by withdrawing the cash from the above account from November 27, 2009 to December 4, 2009, and depositing the remaining amount into the new bank account under the name of the Defendant, from December 4, 2009 to December 10, 2009.

The Defendant, among them, remitted only KRW 5,99,97 on December 14, 2009, and KRW 6,000,242 on December 30, 2009 to the account designated by the victim, and consumed KRW 148,825,261 on the part of the Defendant’s living expenses or debt repayment around that time.

Accordingly, the Defendant embezzled 148,825,261 won owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes of J;

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (Article 62 (1) of the Act on the Suspension of Execution (Article 62 (1) of the Criminal Act shall be considered as

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