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(영문) 춘천지방법원 속초지원 2016.11.11 2015고단311
횡령
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Around June 5, 2008, the Defendant entered into a real estate sales contract (a seller: E Co., Ltd. (A) and buyer: C) with respect to the land located in D in Chungcheongbuk-si, Chungcheongnam-si, Chungcheongnam-si, and around July 10, 2008, the Defendant transferred KRW 3,632,660 from the victim to E bank account in the name of E Co., Ltd. (F) for the transfer of registration expenses, and used the said money for business operation funds, etc. from July 9, 2008 to Nov. 11, 2008, instead of using the said money as the transfer expenses for the transfer of ownership to the foreign exchange bank account in the name of E Co., Ltd. (F).

Accordingly, the defendant embezzled the victims' property.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G, H, I, J, and K;

1. Each protocol of examination of the accused by the prosecution (including each part of the comparison with G, H, L, and K, M, N, I,O, P, and each part of the comparison with each other) 1. C, M, L, N, I, and M

1. The police statement of G and H;

1. Investigation report (the filing of a complaint with G land sales contract and the filing of a copy of passbook);

1. Investigative Report (Binding Submission), - A land sales contract, a detailed statement of payment of purchase price, a detailed statement of payment of registration fee, etc. - types of damage, amount of damage, officially announced land price, contract date and place, - details of land sales contract, land transaction contract, etc. - Land sales contract, other person’s certificate of confirmation of land transaction, land transaction contract, land transaction contract, financial transaction contract, registration form, personal financial transaction contract, registration form, land transaction contract, deposit sheet, deposit certificate, deposit certificate, written statement of payment statement, land sales contract, deposit certificate

1. Investigative Report (the result of the execution of a warrant of seizure, search and inspection), - Free Savings of Enterprises;

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