logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2014.01.15 2012고단1718
횡령
Text

A defendant shall be punished by imprisonment for six months.

However, 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

On April 14, 2011, the Defendant was sentenced to one year and six months of imprisonment for the crime of occupational breach of trust at the Suwon District Court, and two years of suspended execution, and the said judgment became final and conclusive on April 22, 201.

On January 15, 1983, the Defendant: (a) was a member of the Sejong metropolitan family clan, and completed the registration of preservation of ownership in the name of the Defendant on the title trust of the said clan, which is owned by the victim of the said clan, at the Seongbuk-gu Busan metropolitan registry for support of Seongbuk-gu District Court; and (b) on November 9, 1992, the said land was divided into D, E, F, and G.

On October 19, 2007, the Defendant, while managing the above land for a clan, donated F-29 square meters of the above land among the above land to his father H and I in mind, and embezzled the land of approximately seven million won for a clan by completing the registration of transfer of ownership in the name of the above real estate at the Sungwon-nam Branch of the Sungwon District Court around 15:00 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the witness J in the second protocol of trial;

1. Statement of examination of the witness in relation to K in the Suwon District Court 2001 group 23125 group;

1. Statement to J police officers;

1. A complaint, a land survey register, a copy of each judgment, and a written confirmation of facts;

1. Previous convictions in judgment: Application of Acts and subordinate statutes in written indictment to the Suwon District Court case No. 38751, 2009, 2622, 2010, 569 (Joint), which is attached to a written inquiry and a written petition, shall be applied to the judgment of occupational breach of trust, the judgment of Suwon District Court case No. 38751, 2010;

1. Relevant Article 355 (1) of the Criminal Act and Article 355 (1) of the Criminal Act: Selection of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act;

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;

arrow