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(영문) 대전지방법원 2013.04.19 2012고단3873
횡령
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

From January 1, 2010 to December 31, 2011, the Defendant kept KRW 9 million as one-year term deposit of the Industrial Bank of Korea, which was in the name of his/her father, from February 7, 2011, as one-year term deposit of the Industrial Bank of Korea, under the name of his/her father, while working as the “C” for the friendship group with eight members.

The Defendant received loans of KRW 3 million on January 27, 201, and KRW 5 million on January 31, 2011 at the central branch of the Daejeon-dong 91-22 Industrial Bank of Korea, Seo-gu, Daejeon-gu, from KRW 8.8 million on February 7, 2011, set up a pledge right for loans at the collateral limit, and embezzled membership fees of KRW 1 million on August 31, 201, by additionally borrowing KRW 1 million under D’s name, and embezzled membership fees of eight members, including victims E, who correspond to the collateral limit.

Summary of Evidence

1. Defendant's legal statement;

1. A loan transaction agreement, a loan application, an additional agreement on the modification of terms and conditions of transaction, a pledge contract, a statement of account statement, relevant provisions for facts constituting an offense subject to the countervailing notice and the choice of punishment: The fact that the damage inflicted by taking advantage of the general duty status of a group of reasons for sentencing under Article 355 (1) of the Criminal Act has not been completely recovered and that the victims’ intention to punish shall be punished by imprisonment with prison labor;

However, in light of the economic and family environment of the defendant, the defendant does not have any legal restraint in consideration of the significant impact on the livelihood and living of the other family members, as well as the social ties clearly, and the defendant has no criminal record of imprisonment without prison labor or more, making efforts to repay, etc.

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