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(영문) 수원지방법원 성남지원 2017.09.22 2016고단4016
횡령
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On June 2, 2011, the Defendant concluded a franchise agreement with the victim C on the “D” E and F in a non-displace on June 2, 201, and intended to assist the victim C with the interior work.

In addition, from September 8, 201 to September 8, 201, 100 million won was remitted from the victim of the same day to KRW 5.8 billion, and used KRW 340,455 million for the cost of entering into a franchise contract and the test cost, and the remainder of KRW 167,550,000 for the victim was kept for the victim. At around that time, the victim used the remainder for personal purposes such as automobile purchase fund and living cost.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. G Fact-finding certificates;

1. Written statement of performance;

1. Application of Acts and subordinate statutes on transactions by Defendant A, such as details of transactions, copies of bankbooks, and deposit slips;

1. Grounds for sentencing (in comprehensive application of the relevant Article of the Criminal Act and Article 355(1) of the Criminal Act for the selection of criminal facts;

1. The basic area (one year to three years) of the sentencing guidelines shall be the scope of the recommended punishment [the scope of the recommended punishment] class 2 (the amount between 100 million won and 500 million won) (the amount between 10 million won and 500 million won)

2. According to the decision of sentence, the sentencing conditions indicated in the records of this case, such as the following circumstances and the Defendant’s age, sex, family relation, family environment, motive and means of committing the crime, and circumstances after committing the crime, shall be determined, taking into full account the sentence conditions, such as the highest order of the sentencing criteria.

The amount of damage is reasonable as KRW 167,550,000,000.

Damage has not been recovered and has not been agreed with the victim.

After the police investigation, the police investigation has escaped for a long time, and the sentence of this case has been detained.

There is a history of punishment for fraud under the pretext of establishing a coffee shop.

It is a crime using personal trust relationship.

The favorable circumstances: The confession of the crime is made in this court.

The defendant shall have the record of the same crime and suspended execution.

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