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(영문) 청주지방법원 2017.10.26 2017고정547
횡령
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

From July 1, 2014, the Defendant is a person who works as a head of Tong B in Cheongju-si, Cheongju-si.

On December 19, 2016, the Defendant received KRW 200,000 from the Council of the Victim’s Autonomous Housing Co., Ltd. in order to assist neighbors, and kept them for the victim. On December 29, 2016, the Defendant voluntarily consumed the deposit of KRW 200,000 in the E office in the name of the Defendant, other than the victim’s name, by depositing KRW 100,00 in the name of the Defendant’s child who is not the victim’s name and KRW 100,000 in the name of the head of B head of the group.

Accordingly, the Defendant embezzled the property owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to the written complaint and a resolution on expenditure;

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Fine of 200,000 won to be suspended from the suspension of sentence; and

1. The reason for sentencing under Article 59(1) of the Criminal Code of the Suspension of Sentence appears to have not taken the embezzlement by the Defendant himself, and there is no particular criminal record other than being sentenced once by a fine due to the violation of the Regulation of the Punishment, etc. by gambling before 22 years, the details of the victim’s complaint, and other factors of sentencing under Article 51 of the Criminal Code, comprehensively taking account of the following factors: (a) the Defendant’s failure to take

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