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(영문) 대구지방법원 김천지원 2016.02.18 2015고단1462
횡령
Text

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

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

Reasons

Punishment of the crime

The Defendant, upon receiving an investment of KRW 100 million from the victim B, purchased a parcel of land outside Kimcheon-si C and one parcel of land jointly with others, other than a public prosecution, and the Defendant owned ownership registration at 56.1% and 43.9% shares of the said D, the Defendant established a lawsuit for charging ELP on the above ground and operated it as the same business with the said D, etc.

On the other hand, around February 20, 2004, the Defendant recognized 17.6% of the shares in the above land as shares of 56.1% as 100 million won invested by the victim and prepared a contract for the same business with the victim. The victim has been in charge of the management of funds and employees while working for the above ELP charging station, and operated the above filling station together. Thus, the Defendant shall not engage in any act, such as transfer, donation, sale, substitute repayment, lease, offering of security, etc., of shares in the above real estate to a third party without the consent of the victim in the business relationship.

Nevertheless, on January 4, 2013, the defendant's share in the second parcel of the above land without the consent of the victim was embezzled real estate with the victim and its partners, by setting up and granting a maximum amount of KRW 600 million to the defendant's share in the second parcel of the above land, and a right to collateral security, which is the creditor of the defendant, to be F.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecutor and the police concerning B;

1. Application of Acts and subordinate statutes to the indication of real estate, a detailed statement of machinery and tools, a full certificate of matters to be registered, a full certificate of matters to be registered, a certificate of certification (for the same industry, a summary of the same industry), and a certificate of certification (two copies of

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

1. Article 62(1) of the Criminal Code of the Suspension of Execution (the crime of injury, etc. to the wife of the victim's living interest at the time of the crime) was the period of suspended execution, and the other party to the establishment of a right to collateral security was the type of the defendant, and the amount of damage was the victim's punishment.

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