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(영문) 서울중앙지방법원 2018.01.24 2016고단3964
횡령
Text

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

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

From May 2014, the Defendant conspiredd with the Defendant.

D A victim C, his/her father, becomes aware of the fact that he/she received KRW 170 million from his/her father E, who is his/her father, deposited in the account of his/her female on December 15, 2015, and he/she is aware of the imposition of taxes, etc. to the above D, who is aware of the fact that he/she received the money transferred from his/her father, is deprived of his/her eligibility as a recipient of basic living by his/her father and paid gift tax.

B. It shall be returned temporarily if the deposit is made and kept in custody.

Therefore, taxes are not imposed, and the eligibility of recipients of livelihood is not deprived.

After making the said speech and behavior, “Around December 17, 2015, 200,000 won, including KRW 168,000,000,000 on December 18, 2015, and KRW 168,000,000,000,00 won, were transferred to the bank account in the name of the Defendant under the name of the Defendant. From December 20, 2015 to December 28, 2015, the said speech and behavior embezzled the Defendant by refusing to return the remaining KRW 5,681,00 (the “5,791,00,000,000” of the indictment appears to be a clerical error under the aforesaid mountain, and thus ex officio correction) without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. To make a statement to the accused in part of the protocol (including the cross-examination) concerning the interrogation of the suspect;

1. Statement made by the prosecution on D (including data about details of return);

1. Statement made by the police against C;

1. Investigation report (verification related to the amount of damage and refund);

1. Application of Acts and subordinate statutes governing recording or text messages;

1. Article 355 (1) of the Act applicable to the crimes, the choice of punishment, and the choice of imprisonment;

1. Grounds for sentencing under Articles 32(1)3 and 32(2) and 26(1) (in no case where it is unreasonable to issue an order for compensation, and thus, the application of the applicant for compensation is dismissed) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss the Application for Compensation;

1. The sentencing guidelines [the scope of recommended punishment] The basic area (from April to January 1) (the person who has no special mitigation (aggravating)] of embezzlement and breach of trust of category 1 (less than 100 million won).

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