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(영문) 대전지방법원천안지원 2020.12.21 2019고단2576
횡령
Text

A defendant shall be punished by imprisonment for not less than one year and 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

On March 2016, the Defendant sent a telephone call to the victim B at an unspecified place, and agreed to handle the affairs such as the provision of security and the collection of loans on behalf of the victim, on condition that the victim would receive a certain amount of fees and receive a certain amount of fees from the interest paid every month to receive 3% interest on the real estate owned by the Dispute Settlement Bank Co., Ltd., and to receive and deliver the principal after two months, and instead, to request 0.5% of the interest paid every month to pay the principal.”

Accordingly, the Defendant received KRW 300 million from the victim on March 9, 2016, and lent KRW 282 million among them to the Dispute Resolution Co., Ltd. on the 10th of the same month, and completed the registration of the establishment of a collateral security with the victim and the mortgagee as the victim and the defendant with respect to No. 1 E of the 1st of Seo-gu, Seo-gu, Seoan-gu, the Dispute Resolution Co., Ltd., which was owned by the said Dispute Resolution Co., Ltd.

Since then, the Defendant: (a) the debtor, the debtor, at the time, at the rate of KRW 6 million on May 10, 2016; (b) KRW 50 million on May 24, 201; and (c) KRW 10 million on May 31, 201; and (d) the same year.

7. On November 21, 2016, after receiving a refund of KRW 152 million on 25.15 billion, and KRW 2 million on 10.2 million on 25.10,000 on 10.25.10,000,000,000 from F to F, for the sake of the victim, while transferring a claim to the credit rating company, which is a debtor, and receiving KRW 9,532,00 in return for the transfer and receiving KRW 9,532,00,000 in total, for the sake of the victim;

7. Around 28.6 million won, a total of KRW 11.5 million on July 4, 107 of the same year returned to the victim and embezzled the remainder KRW 23.82 million on the part of the Defendant’s personal debt repayment and company operation funds.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Each police statement concerning B and G;

1. Written complaint;

1. The certificate of borrowing, the cash borrowed, and the statement of payment;

1. Application of Acts and subordinate statutes on the details of deposits and withdrawals and the details of account transactions;

1. Relevant Article 355 (1) of the Criminal Act and Article 355 of the Criminal Act concerning criminal facts;

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