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(영문) 서울남부지방법원 2015.06.02 2014고단3630
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 became final and conclusive.

Reasons

Punishment of the crime

The defendant is a public official of Grade C office and a public official of Grade 8 who works together in the same workplace as the victim D and E.

The defendant received real estate investment money from the victims and delivered it to F as investment money to F engaged in real estate business, and if a profit occurs, the defendant received the principal and profit from F and paid it to the victims, and then received real estate investment money from the victims.

On October 1, 2013, the Defendant received KRW 20 million from the victim D to the Defendant’s national bank account under the pretext of real estate investment in real estate, and transferred only KRW 10 million out of the above KRW 20 million to F for the purpose of the victim’s investment in real estate. On October 11, 2013, the Defendant voluntarily consumed the amount of KRW 10 million out of the above KRW 20 million to F for the purpose of the victim’s investment in real estate. On October 11, 2013, the Defendant paid KRW 10 million to G, who is another investor, for the use of profits for the existing real estate investment in

Then, around November 11, 2013 and November 28, 2013, the Defendant received from the victim E a transfer of KRW 10 million to the Defendant’s national bank account under the same name, respectively, and kept for the said victim, which was paid to the existing real estate investor H on November 11, 2013, and paid to the existing real estate investor I on November 28, 2013, respectively, as real estate investment profits.

Accordingly, the Defendant embezzled a total of KRW 30,000,000 on three occasions.

Summary of Evidence

1. Statement of the defendant in part of the first trial record;

1. Statement of witness F in the fourth protocol of the trial;

1. Each prosecutor's interrogation protocol concerning the accused and F;

1. Each police statement to G, J, E, D, and K;

1. 타횅환 입금영수증, 예금거래실적증명서 및 카카오톡 내용, 입출금내역, 피의자 A 투자금 흐름도, 계좌내역 피고인의 변호인은 피고인에게 횡령의 고의나 불법영득의 의사가 없었다는 취지로 다투나, 위 증거들에 의하여...

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