logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2012.11.22 2012고단3912
횡령
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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 October 23, 2009, the Defendant received a request from the said victim to the effect that “F, the father of the victim E, was arrested for special larceny suspicion (F, the father of the victim E, was arrested for special larceny suspicion on October 7, 2009 and was detained for investigation on October 9, 2009, and was detained for violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) with the Daegu District Court Support on November 3, 2009, and was detained for violation of the Act on the Aggravated Punishment, etc. of the Specific Crimes (Larceny)), and KRW 200 million prepared to be used as deposit money to G, the above F’s defense counsel, and requested the above victim to the effect that “The above F, the father of the victim E, who was the father of the victim, was arrested for special larceny suspicion at the same time as the above F’s defense counsel, requested the above victim to agree with the victims of the criminal case at the level of KRW 200 million.”

Thus, the Defendant received the above KRW 200 million from the above G over several occasions on November 2009, and used the remaining money for the said F’s criminal case agreement amount, deposit money, expenses necessary for the agreement, etc., and embezzled the remaining money for the said victim by using the Defendant’s wife as a means of living allowance, etc. from around December 30, 2009 to April 201, as indicated in the attached list of crimes, from the point of time to April 201, the Defendant embezzled the amount of KRW 49,80,000 in total to the above H as stated in the attached list of crimes, or by using it for the purpose of paying the Defendant’s obligation.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F, I, and H;

1. Protocol concerning the police and examination of suspects of G;

1. Statement of prosecutorial statement concerning E;

1. Each police statement made to E, F, I, and H;

1. Application of Acts and subordinate statutes confirming the amount of agreement;

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. Determination and determination as to the assertion of the Defendant and the defense counsel under Article 62(1) of the Criminal Act (hereinafter the following sentencing grounds).

arrow