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(영문) 의정부지방법원 2014.05.20 2013고단2990
횡령
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a woman living together with the deceased C, and the victim D is a child of C.

On February 7, 2013, the Defendant, at the Defendant’s house located in Gyeonggi-gun E, withdrawn KRW 5,500,000 from the said Agricultural Cooperative Account at around February 8, 2013 and used KRW 4,500,000 among them for a non-personal purpose, in order to use the Defendant’s account in repayment of C’s material cost obligation from the victim’s account.

From around that time to March 4, 2013, the Defendant embezzled total of KRW 21,160,000 on seven occasions, such as the list of crimes in attached Form.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by witnesses D in the second protocol of the trial;

1. Application of Acts and subordinate statutes of the accusation sheet, family relation certificate, accident claim and receipt, and details of savings deposit transactions table;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act [Determination of Punishment] Embezzlement Type 1 (Decision of 100 million won or less) [Determination of the recommended sphere] / [Determination of the recommended sphere] 4 to 1 year and 4 months [Scope of Recommendation] / Where most of the proceeds of crime are not consumed and held, serious reflective factors - In case of embezzlement crime: In case of applicable provisions of applicable law / [Scope of punishment] 1 to 5 years under Article 355 (1) of the Criminal Act : (1) of the Act : (2) : Unagreement - Major reasons for writing : Unagreement - General reasons for writing : Unagreement : Unagreement - Unsettled : Where most of the proceeds of crime were not consumed, and the amount of damage was not recovered, and the amount of damage was not recovered. The victim and the defendant did not agree with the victim and the father of the victim who received the victim's death penalty C.

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