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(영문) 대구지방법원 포항지원 2018.11.21 2018고단868
업무상횡령
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant was delegated with the registration of ownership transfer by a certified judicial scrivener operating the “A certified judicial scrivener office” in the building B in the racing-si, and by some of the persons who sold the apartment house C in the north-gu, Posi-si around April 2018, the Defendant was delegated with the registration of ownership transfer.

On April 3, 2018, the Defendant paid KRW 2,678,500 as acquisition tax on June 4, 2018 and paid KRW 594,00 from June 4, 2018 to the F bank account in the name of the Defendant, and arbitrarily consumed KRW 560,731,097 from that time until June 3, 2018, as stated in the list of crimes in the attached Table, from the time when the Defendant received an application for registration of transfer of ownership from the victim E, and transferred KRW 2,678,50 to the F bank account in the name of the Defendant.

Accordingly, the defendant embezzled the victims' property.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to G, H, I, and J;

1. A written accusation (including a copy of an attached text message or a copy of a passbook);

1. Application of Acts and subordinate statutes to the investigation report (the determination of the amount of embezzlement), investigation report (the amount of embezzlement);

1. Relevant Article 356 of the Criminal Act, Articles 355 (1) and 355 of the Criminal Act, and the choice of imprisonment for the crime;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes [the scope of recommending punishment] [the grounds for sentencing under Article 38(1)2 and Article 50] 3 (the scope of recommending punishment from 500 million to 5 billion won] where significant damage has been restored [the person subject to special mitigation] / In a case where a large amount of damage has been caused (the decision of sentencing] / In light of the background, form, frequency, number of victims, total sum of the amount of damage, etc. of the instant crime, the crime is extremely poor; the fact that the Defendant directly paid damage to the victims or did not reach an agreement; the Defendant voluntarily surrenders the victims; and the power and records that the Defendant was punished for the same kind of crime.

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