logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.05.24 2018고단6577
횡령
Text

The punishment of the accused shall be set forth in six months.

However, the execution of imprisonment for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 14, 2017, the Defendant leased the Seocho-gu Seoul apartment C, KRW 150 million as the lease deposit, and on August 29, 2017, the Defendant borrowed KRW 45 million in total from the victim F, the victim G, and the victim H as the Defendant, the debtor from the Defendant, and entered into an agreement on the assignment of claims for KRW 150 million out of KRW 150 million as the lease deposit claim of the apartment.

On March 19, 2018, the Defendant received KRW 150 million from the lessor on April 3, 2018, including KRW 1350 million and KRW 150 million on deposit money for lease from the lessor on April 3, 2018, and kept KRW 67.5 million among them for the victim’s company. At that time, the Defendant embezzled the amount equivalent to the claim amount provided as security by voluntarily consuming the amount for personal use at the front city, etc. prior to that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement with I;

1. Application of a monetary loan contract for consumption, a contract for transfer or takeover of security deposit, and a certificate of confirmation;

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

1. Article 62 (1) of the Criminal Act ( Considering the circumstances in which payments have been made in a considerable amount of radius and debts);

arrow