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(영문) 청주지방법원 충주지원 2014.07.11 2013고단886
횡령
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

Criminal Justice was sentenced to a suspended sentence of two years on December 18, 2012 by imprisonment with prison labor on December 10, 2012 with prison labor and on June 1st, 2012, and the above judgment became final and conclusive on December 18, 2012, and is currently under suspended sentence.

Criminal facts

Around 14:00 on May 29, 2012, the Defendant entered into a contract with F to sell a half of the land at KRW 11,000,000 to the victim D’s KRW 661 square meters, which is a half of the said land, to the victim D, at the “E office” for the victim’s operation of the victim D located in Chungcheongnam-si, Chungcheongnam-si, and with respect to the same G 1,322 square meters, which is F-owned. On July 4, 2012, the Defendant entered into a contract with F to sell the remaining half of the said land at KRW 120,000,000 to the victim H.

Around June 18, 2012, the Defendant received money of KRW 30 million from the victim D to F for intermediate payment, at the request of the victim D, and embezzled the money for personal use, such as the operation fund of J, and then used at his own discretion on the same day. From around that time to September 18, 2012, the Defendant received money of KRW 140,000 from the victims for a total of KRW 140,000 from the victims as stated in the list of crimes in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused and F by the prosecution;

1. Each police statement made to D and H;

1. Each complaint filed by D and H;

1. A detailed statement of account transactions and a copy of passbook, and a detailed statement of account by account;

1. Each real estate sales contract;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (A bound reporting, such as official conflict, etc.);

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act selecting a penalty;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommending punishment] Type 2 (the amount between 100 million won and 500 million won).

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