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(영문) 의정부지방법원 2013.05.28 2012고단3408
횡령
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Around July 14, 2012, the Defendant used KRW 200,000 for the purpose of paying KRW 18,00,000 for a total amount of KRW 20,000 for an apartment bid in the E office located in 407 as a clerical error. On July 24, 2012, the Defendant used KRW 20,00 for the purpose of paying KRW 20,00 for an apartment bid for KRW 239,150,00 for the Government-si District Court on July 24, 2012. On August 8, 2012, the Defendant used KRW 20,00 for the purpose of paying the debt to H on August 8, 201, for the purpose of paying the debt to the creditor under the name of 0,00,000,000 for the purpose of paying the debt to the creditor on August 9, 2012.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. N’s protocol of interrogation of the police officer;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes, such as a complaint, details of passbook transactions, and business registration certificate;

1. Article 355(1) of the Criminal Act applicable to the pertinent provision of criminal facts and Article 355(1) of the choice of punishment (generally, the legal benefits from the crime are the same, the form of a single crime is the same, and the single criminal intent is a series of embezzlements based on the realization of a single criminal intent), and the scope of the final sentence that is recommended by the sentencing guidelines from January to five years: The final sentence range recommended by the sentencing guidelines from January to 3 years: [the type of crime] from among the embezzlement and breach of trust group, one hundred to five hundred million won.

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