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Reasons
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(영문) 부산지방법원 2017.03.23 2015고단7479
횡령
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A defendant shall be punished by imprisonment for one year.

The defendant pays 16.5 million won to the applicant for the embezzlement. The defendant is entitled to pay 16.5 million won.

Reasons

Punishment of the crime

In the second half of the year of 2013, the Defendant purchased the site of the victim D and D in the South-west Navy E, and concluded a contract with the Defendant to divide the profits of the Defendant by operating the pentle with the above funds, and then operating the pentle with the above funds.

1. On April 15, 2014, the Defendant received 110,000,000 won from the injured party to the Busan Bank account operated by the Defendant, and kept in custody for the injured party. On the same day, the Defendant transferred KRW 20,000 to G account of the Defendant’s wife on the 16th day of the same month, and embezzled KRW 46,50,000 by consuming KRW 21,50,000 to G account of the Defendant’s wife on the 16th day of the same month, and 5,000,000 by consuming it for personal purposes, such as personal debt repayment.

2. The defendant: (a) an account opened in the name of H on April 15, 2014; and (b) the same year from the victim;

5. 15.100,000,000 won, and the same year.

6. After receiving KRW 100,000,000 respectively, it was remitted to I, a subcontractor, as the subcontract price, and it was transferred to I, a subcontractor, as the subcontract price, but it was transferred to more than 347,50,000,000 which was over the actual contract price, and it was returned to the Defendant’s wife G account.

On May 15, 2014, the Defendant embezzled KRW 60,000,000 when he received KRW 60,000 from the Defendant’s wife G account to the Defendant’s wife G account, and was kept for the victim on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Each investigation report (Submission of suspect data), investigation report (detailedly seven, two2), and investigation report (detailed statement on cash flow);

1. Application of statutes, such as a letter;

1. Relevant Article 355 (1) of the Criminal Act and the choice of imprisonment with prison labor for the crime;

1. Type 2 of Article 25(1), Article 31(1), Article 31(2), and Article 25(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Orders for Compensation and Sentence of Provisional Execution [the scope of recommended punishment]

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