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(영문) 전주지방법원 2013.07.18 2013고단1194
횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Upon receipt of a request from the victim C, who is the wife of the victim, the Defendant received a divorce agreement from the victim C, and received 30 million won from the Hyundai Securities Office, Inc., Ltd., which is located in Geumjin-gu, Seoul, Seoul, on January 16, 2013, and around the 17th day of the same month, the Defendant received 30 million won from the multiples where it is impossible to know the trade name in the Jeonsan-gu, Jeondong-gu, Jeon-gu, Seoul, and around the 17th day of the same month.

Around January 17, 2013, the Defendant: (a) delivered KRW 30 million to the said D under the pretext of divorce agreement; and (b) used the remaining 30 million in custody for the victim; (c) used the personal debt in the first place in the Jeonju-si, Jeonju-si, for the purpose of personal use, such as repayment of the personal debt or use for entertainment expenses.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. The amount of damage in this case is a large amount equivalent to 30 million won for the pertinent provision of the relevant criminal facts and Article 355(1) of the Criminal Act of the choice of punishment for sentencing. The amount of damage in this case is a large amount equivalent to 30 million won for the punishment of the crime. The payment of damage has not yet been made, the embezzlement of the amount of money of the victim who is the victim who is the victim who is the victim with a physical disability and who is a prone and is making it difficult and difficult to do so is not good in the nature of the crime. The victim wanted to punish the defendant.

However, considering the fact that the defendant confessions and reflects the defendant's crime, and other circumstances that form the sentencing conditions indicated in the records of this case, such as the defendant's age, character and conduct, family relationship, home environment, motive and means of the crime, and circumstances after the crime, the sentence identical to the order shall be determined within the scope of recommended sentencing guidelines (4 months of imprisonment, which is the basic area of category 1 among the embezzlement and breach of trust crimes, - 1 year and

It is so decided as per Disposition for the above reasons.

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