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(영문) 의정부지방법원 고양지원 2013.11.29 2013고단1582
횡령
Text

A defendant shall be punished by imprisonment for not less than eight 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 February 19, 2008, the defendant, while operating the traffic safety signs manufacturing company and installing the traffic safety signs in the name of C, transferred the right to refund the deposit amount of KRW 70 million to the above apartment owner G, which he had against the above apartment owner G, in relation to the F apartment in the name of wife E in the victim company, around February 19, 2008.

Around May 2008, the Defendant received KRW 20 million from the above G, around November 22, 2012, and KRW 40 million around December 15, 2012, and embezzled for personal purposes, such as living expenses, etc. around the time of issuance, while he kept for the victim company, the Defendant was arbitrarily used and embezzled for personal purposes, such as living expenses, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement related H;

1. E statements;

1. Application of Acts and subordinate statutes as a copy of the assignment contract, a copy of the assignment notification, and apartment lease contract;

1. Relevant Article 355 (1) of the Criminal Act concerning the crime, the choice of imprisonment (the degree of the amount of embezzlement, the circumstances leading to the crime in this case, etc.);

1. It is so decided as per Disposition under Article 62(1) of the Criminal Act for the reason that the suspended execution is above the extent of Article 62(1) of the Criminal Act (the overall circumstances indicated in the record, such as the fact that the defendant's mistake is contrary to the recognition of mistake, the agreement with the victim, and the fact that there is no

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