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(영문) 수원지방법원 성남지원 2017.11.14 2017고단1031
업무상횡령등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. Although the Defendant was not allowed to lend a certificate of registration from a certified judicial scrivener who violated the law of law, the Defendant borrowed the registration certificate from the E judicial scrivener on the condition that he would pay 2.5 million won per month to E at the Sungnam-si D, Sungnam-si, and the E judicial scrivener office located in 240 from October 2014 to April 2016.

2. Occupational embezzlement F Co., Ltd. arranged both the portion of apartment units newly sold in lots to the company that entered into a contract with the Nonghyup for the entrusted business of lending to obtain the loan from the Nonghyup, and delegated the registration of the transfer of ownership by both parties, etc. to the E judicial scrivener, and the defendant who borrowed the E judicial scrivener registration certificate was actually performing the above business.

Around May 11, 2015, the Defendant received 652,430 won from the Victim G who intends to obtain a loan from the Agricultural Cooperative via FF Co., Ltd. to the account under the name of the Nonghyup Bank (H) for the registration of transfer of ownership, etc., and embezzled KRW 335,719,198, in total 51 times from that time until February 16, 2016, by arbitrarily consuming KRW 51,000,00,000, not using it as the registration cost for transfer of ownership during occupational storage for the victim, and by transferring it to the account in the name of E Nong Bank (I) around May 13, 2015, for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Protocol concerning the interrogation of suspects of E by the prosecution;

1. Statement made by the police to J;

1. A business contract concerning the entrustment of loan solicitation business;

1. Certified judicial scrivener registration certificate;

1. Application of Acts and subordinate statutes on account transactions;

1. Relevant legal provisions concerning facts constituting an offense, Articles 356 and 355 (1) of the Criminal Act (the occupation of occupational embezzlement and the choice of imprisonment), Articles 72 and 21 (2) of the Judicial Act (the occupation of borrowing a certified judicial scrivener registration certificate and the choice of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62(1) of the Criminal Act (The following circumstances are considered in favor of the reasons for sentencing).

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