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(영문) 서울중앙지방법원 2020.11.13 2020고단6757
횡령
Text

A defendant shall be punished by imprisonment for six 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

The defendant is a victim B-friendly family member, C (Death on March 4, 2020), D and golf club member.

Around September 2013, the Defendant agreed to jointly purchase E-il land at KRW 400 million by making a contribution of KRW 100 million each to make a living in the future with the victim B, C, and D. On October 11, 2013, the Defendant received a total of KRW 300 million from the victim B, C, and D to the F Bank Account (G, H Bank Account I) in the name of the Defendant, the land purchase fund management account, and made a contribution of KRW 100 million to the F Bank Account under the name of the said Defendant, which is the land purchase fund management account, while the Defendant was kept for the victim B, C, and D, the Defendant did not deposit its own share of KRW 100 million into the F Bank Account under the name of the said Defendant, which is the land purchase fund management account, and made a contribution from F Bank Account (L, H Bank Account M) and N Bank Account (O) to directly purchase the land, related expenses, or deposit its funds into the account several times.

C loaned and demanded the above land purchase fund for the reason that the fund for the operation of the steel processing business is needed, and without obtaining prior consent from the victim B, leased the F Bank account under the above Defendant’s name from the F Bank account to C to the corporate bank account, thereby allowing C to use C’s fund for the operation of the steel processing business, and then wrongfully used five times until November 16, 2015, as shown in the attached list of crimes, from that time, the sum of KRW 98,00,000,000,000 from the F Bank account under the above Defendant’s name was embezzled.

Summary of Evidence

1. A protocol concerning the examination of suspects of defendants who have made their legal statements (four times);

1. Each statement made by the defendant in B or CD, among the protocol of interrogation of the suspect by the prosecution (replacement, second time) against the defendant;

1. Statement of each police statement related to B and D;

1. Written statements of J and K;

1. Complaints - A - The current status of farmland utilization (management) and plans, cadastral maps, E-entry and withdrawal status, the current status of guard (2), a copy of passbook A, a copy of passbook A, the current status of deposits in common passbook;

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