logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 동부지원 2018.05.23 2018고단448
횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, from around 200 to December 2016, was a person who had had a clerical staff at a certified judicial scrivener office from around 200 to around 2016, and as the house where the victim B resided as a former tenant goes beyond the auction procedure, the Defendant was able to help the victim file an application for distribution and receive dividends.

On January 8, 2016, the Defendant received additional dividends from the Busan District Court about the auction of the above apartment, and received delegation from the injured party of the receipt of the said dividends, and received dividends from the Busan District Court to keep the same day.

The defendant did not deliver the above KRW 20,001,861 to the victim as it was while being kept for the victim, and at around that time, he embezzled the victim's property by voluntarily consuming his debt, living expenses, etc. from the Busan Japanese Won.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including the cross-examination of B);

1. Statement made by the police against B;

1. A copy of the dividends sheet issued by the Busan District Court, a request for withdrawal of deposit money, a copy of the certificate, a certificate for entrustment of payment, a copy of the certificate of seal imprint;

1. Application of Acts and subordinate statutes to a report on investigation (detailed statement of deposits transactions of suspects);

1. In light of the relevant legal provisions regarding criminal facts, Article 355(1) of the Criminal Act regarding the selection of punishment, the grounds for sentencing of sentence of imprisonment [the scope of recommending punishment] [the grounds for sentencing of sentence] [the grounds for sentencing of imprisonment] [the grounds for sentencing] [no person who is subject to special sentencing] [the scope of damage] [the scope of damage], the circumstances before and after the commission of the crime, the circumstance before and after the commission of the crime, and the fact that only some amount was remitted, and the actual damage recovery is not achieved, the sentence as set forth in the Disposition is determined.

arrow