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(영문) 인천지방법원 2014.06.03 2014고단1950
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

except that 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

Around March 25, 2013, the Defendant: (a) sold the Seo-gu Incheon D, Incheon, which is owned by the victim C; (b) received the sale price from the buyer; and (c) entered into a contract with the buyer to receive the payment according to the performance of the sale; and (d) was engaged in the sale of the D from that time until December 2013.

The Defendant entered into a sales contract with E on October 4, 2013 at the office of the Seo-gu Incheon Metropolitan Government D D D D D D D D sales team, and deposited KRW 5,000,000 as the sale price for E on the same day, and deposited KRW 10,000,000 as the sale price for E on October 15, 2013, and KRW 83,000,000 as the same name on October 28, 2013, and deposited KRW 10,000,000 as the sale price for F and D 404 at the same place on the same day on the same day on November 2, 2013, and received KRW 6,00,000 as the sale price for the same day on November 16, 2013, or deposited KRW 10,000 as the victim’s account under the same name for deposit in cash from each of the victims.

The Defendant, as seen above, had the Defendant keep the money in his custody, had the Defendant take advantage of the opportunity to embezzled as if he did not collect some of the money.

After receiving the sale price from E and F as above, the Defendant paid a total of KRW 107,00,000 to the victim while being kept for the victim, and then embezzled the remainder of KRW 52,00,000 by consuming it with his own living cost, etc. around that time.

Accordingly, the defendant embezzled the victim's property on duty.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Sales contract;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the choice of imprisonment for a crime;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The types of recommendations according to the sentencing criteria;

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