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(영문) 울산지방법원 2015.06.12 2014고단3209
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant is a person working as the director at a certified judicial scrivener office operated by the victim D in Ulsan-gu, Ulsan-gu, from October 31, 2008 to December 31, 2013, who prepared real estate-related registration documents, such as transfer of ownership and creation of collateral security, and submitted them to the relevant registry, and then, issued the registration certificate to the client and engaged in the settlement of such real estate-related registration affairs.

Around June 10, 2013, the Defendant: (a) received a request from a person whose name is unknown to the effect that “the process of performing the registration of ownership transfer for E Apartment 103 dong 803, Ulsan-gun, Ulsan-gun, and received a request from a person whose name is unknown; and (b) received a payment of KRW 209,540 for a certified judicial scrivener fee on behalf of the victim; (c) was consumed for personal use by a member of Ulsan-si, Ulsan-si; and (d) thereafter,

In addition, the Defendant stated the following as from October 2, 2012 to December 20, 2013: (a) the prosecutor prosecuted the Defendant on the criminal facts from June 10, 2013 to December 20, 2013 against the Defendant; (b) on March 24, 2015, the Defendant requested the Defendant to amend the Bill of Indictment to add the criminal facts from October 24, 2012 to May 31, 2013; (c) on the following grounds, the Defendant stated the following as “from October 24, 2012 to May 31, 2013.” However, in light of the list 1 and 2 of the crimes attached to each of the above charges, the prosecutor appears not to hinder the Defendant’s right to defense ex officio from October 24, 2012 to December 20, 204, and thus, it appears that the Defendant’s application to amend the indictment ex officio from March 20, 2013.”

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