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(영문) 청주지방법원 영동지원 2015.07.02 2015고단22
횡령
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

The Defendant, around October 8, 201, purchased the standard from the Defendant’s house located in Seo-gu Daejeon, Daejeon, with the money of the victim E and kept it in the Defendant’s warehouse, agreed with the victim, and was paid KRW 251,60,000 in total five times between March 19, 201 and March 19, 201.

The defendant kept the above money for the victim, and around that time, he arbitrarily used the money for his personal purpose, such as project cost and repayment of debt, etc.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to a standard purchase contract, a copy of passbook, a detailed statement of deposit, and details of deposit and withdrawal transactions;

1. Article 355 (1) of the Criminal Act applicable to the relevant criminal facts and Article 355 (1) of the choice of punishment (generally, choice of imprisonment);

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (i., the fact that the accused has led to a confession of all the crimes and has divided errors; the defendant deposited 200 million won, which is a substantial part of the amount of damage, for the victim; mediation between the accused and the victim has been concluded in the relevant civil cases; the victim does not want the punishment of the defendant; and the defendant has no specific criminal record, other than

1. Social service order under Article 62-2 of the Criminal Act;

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