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(영문) 춘천지방법원 강릉지원 2013.06.13 2011고단671
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 becomes final and conclusive.

Reasons

Punishment of the crime

On August 17, 2010, the Defendant received from G around August 17, 2010 a request from G to return instead of the amount related to the brine restaurant, and 12 million won, and the same year.

9. 1 million won has been transferred to the Nonghyup Bank in the name of H, and 500,000 won has been transferred to the Agricultural Cooperatives (I) around August 1 and around November 11 of the same year, respectively;

9.8. When the Defendant received a total of KRW 14.5 million from the Defendant’s vehicle in front of the J apartment of Gangseo-si, etc. and kept for the victim, he embezzled the victim’s property by voluntarily consuming the business funds, etc. around that time.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A complaint;

1. Application of Acts and subordinate statutes on trading lists;

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

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

1. Grounds for sentencing under Article 62-2 (1) of the Criminal Act of the community service order;

1. The scope of applicable sentences under law: Imprisonment for one month to five years; and

2. Sentencing Criteria [Determination of Punishment] Type 1 (less than KRW 100 million) of the embezzlement crime (specially punished persons): In the event that the method of taking the crime is extremely poor, the special mitigated person: The basic area agreed with the victim (decision of the recommended area]: April of imprisonment or a year and four months of imprisonment.

3. Determination of sentence: A sentence of imprisonment with prison labor for six months, community service 80 hours and the defendant was sentenced to a two-year sentence of imprisonment with prison labor for a crime of fraud at the Gangseo Branch of the Chuncheon District Court on December 17, 2009, which committed the crime of this case. The defendant committed the crime of this case in this court, promising the defendant to pay for several times on several occasions and failed to comply with the agreement; the victim of the defendant was believed to believe the defendant and prepared a written agreement; however, the defendant submitted a written application to revoke the agreement as the defendant did not observe the agreement, and the defendant escaped while the lawsuit of this case was in progress, the sentence of sentence may be considered seriously.

However, the defendant from this court on May 2013.

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