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Reasons
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(영문) 서울남부지방법원 2016.07.13 2015고단3835
횡령
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant received KRW 6,700,000 from the victims E in terms of the cost of preservation registration around October 17, 2014 while performing construction work by entering into a contract with the victim E, F, G, H, and I around January 2014 as the representative director of the Guro-gu Seoul building and the second floor D corporation located, and received KRW 43,100,000 from the victims as shown in the list of crimes in the attached Table from around October 22, 2014.

While the Defendant kept the above money for the victims, around December 10, 2014, the Defendant delivered L with KRW 20,000,000,000, and around that time, 23,100,000 was arbitrarily consumed and embezzled total of KRW 43,10,000, such as using it as the office operation expenses of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Entry in G and part of M in the third public trial records;

1. Each statement in the fourth public trial records, E, F, H, and I;

1. A protocol of partially examining the suspect against the defendant;

1. Statement made by the police in relation to G;

1. Details of transactions of deposits and withdrawals;

1. The application of Acts and subordinate statutes to recording books, certified copy of register, standard contract form, copy of passbook, check in one's own front, receipt, and confirmation;

1. Article 355 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The reason for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] Class 1 of Article 62(1) of the Criminal Act [No person in charge of special sentencing] [Judgment of sentencing] [No person in charge of special sentencing] [Article 62(1) of the Act on the Suspension of Execution] [Article 62(1) of the Act on the Suspension of Execution] [No person in charge of embezzlement] [Article 62(1)] [Article 62(1) of the Act on the Suspension of Execution] [Article 62(1)] [Article 62(1) of the Act on the Suspension of Execution]] [Article 62(1) of the Act on the Grounds of Embezzlement, but it is not agreed with the victims. However, M who paid the preservation registration

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