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(영문) 서울서부지방법원 2014.01.22 2013고단3461
횡령
Text

1. The defendant shall be punished by imprisonment with prison labor for ten months;

2.Provided, That 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

1. On November 7, 2012, the Defendant was the victim C’s de facto spouse, and completed the registration of ownership transfer under the name of the Defendant, subject to a title trust registration with the Seodaemun-gu Seoul E apartment No. 107 Dong 1402, and registered in the name of the victim C at the registry office located in Seoul Nowon-gu, Seoul.

While the Defendant kept the said real estate for the victim on January 26, 2013, the Defendant sold the said real estate from G real estate located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul to H at the price of 380 million won in mind. On March 25, 2013, the Defendant embezzled the said real estate by completing the registration of ownership transfer on the said real estate on March 25, 2013.

2. Around October 2010, the Defendant embezzled 10 points of furniture and household appliances worth KRW 58 million in total at market price by moving them to the Defendant’s residence located in the Daegu-gu, Daegu-gu I and then using the same household and household appliances as indicated in the list of crimes, such as shocks and food sets owned by the victim, which were stored in the victim for the victim C, around October 2010.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement made to D by the police;

1. Application of the statutes on a sales contract of apartment, accusation, and title trust sales contract;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (The sentencing conditions prescribed in Article 51 of the Criminal Act shall be taken into consideration, such as the fact that the defendant repents his mistake and completely agrees with the victim);

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