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(영문) 인천지방법원 2018.10.17 2018고단3963
횡령
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was the husband at around May 13, 2016 at the time of the Incheon Bupyeong-gu Seoul Building D.

B With respect to the victim F, victim G, victim H and I, B, and J's inherited property 86,92,953 won, the defendant paid inheritance tax according to a consultation with the victim F, G, victim H and I, and K bank account in the name of K bank account in the name of B. Of the above money deposited in the name of K bank account in the name of B, the defendant received KRW 17,356,662 as transfer for victims under the name of M bank account in the name of B managed by the defendant, and transferred KRW 11,370,000 to the O bank account in the name of the defendant around May 18, 2016, the defendant transferred KRW 4,300,000 to 30,000,0000 from May 21, 2016 to 300,700,0000 won to the other bank account in the name of the defendant, and from May 23, 2016 to 30,7000.

As a result, the Defendant embezzled property equivalent to the total amount of 5,168,182 won of the victims’ share of inheritance.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police with respect to F;

1. Complaint;

1. A transaction statement in the name of K Bank B, a transaction statement in the name of M Bank in the name of B, a detailed statement on inherited property and a detailed statement on division, details of transfer, a family relation certificate, a removed copy, a marriage relation certificate, and a bank transaction statement in the name of E

1. Application of Acts and subordinate statutes to investigation reports (in cases of an attorney-at-law in charge of a criminal suspect divorce lawsuit, counter-investigation), investigation reports (in cases of an attorney-at-law in charge of a criminal suspect divorce lawsuit, confirmation of transaction details, etc. of the victim's account usage), investigation reports (in cases of an accused party's telephone hearing), investigation reports (in cases of hearing statements by telephone head of SP office and search results of related civil

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution;

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