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(영문) 의정부지방법원 2013.09.27 2013고단1419
횡령
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The defendant is a person who operates C in the commercial building No. 102 in Namyang-si, Namyang-si.

The defendant around November 2012, from February 24, 2013 to February 2013, 2013, from 35 victims, who have come to a church, including F, at the Ecian conference located in D, Nam-si.

3.2. Until December 2, 200, upon receipt of a request to handle the affairs, such as airline tickets for Cambodia’s missionary activities and hotel reservations, and received KRW 3,200,000 from that time to the Agricultural Cooperative Account in the name of the Defendant around November 7, 2012, from that time until February 12, 2013.

The Defendant received KRW 40,900,00 from the victims to pay for missionary activities travel expenses, and used only KRW 20,850,000 for the purchase of Cambodia aviation tickets, and used the remainder of KRW 20,050,000 from February 24, 2013 to February 16, 2013.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. A criminal investigation report (related to a copy of a bankbook), a copy of a bankbook, and a copy of the details of damage;

1. Application of Acts and subordinate statutes to a detailed statement of deposits and disbursements, and written confirmation of details of transactions;

1. The reasons for sentencing under Article 355(1) of the Criminal Act and Article 355(1) of the Act on the Punishment of Criminal Crimes are as follows: (a) the Defendant was sentenced to a suspended sentence of two years for a crime of fraud in 2009; (b) the Defendant committed the instant crime even though he was sentenced to a punishment by deceptioning travel expenses, etc. or by embezzlement; (c) the crime is not deemed to have been committed as embezzlement of expenses for missionary work by the members of the church, etc.; and (d) there is no agreement with the victims; (b) the Defendant did not appear to be genuine and responsible for the crime by failing to attend several times at the designated date of the sentence at will; and (c) the amount of the embezzled crime, circumstances leading to the crime, and other factors leading to the crime.

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