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(영문) 수원지방법원 평택지원 2021.01.21 2020고단2303
횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On January 9, 2020, the Defendant, at the Defendant’s residence located in Ansan-si B, embezzled the victim’s property by repaying his/her obligation to E by depositing KRW 20 million in the Nong account (Account Number: D) under the name of the Defendant, to his/her personal obligation, while keeping KRW 20 million deposited in the Nong account under the name of the Defendant. In order to repay his/her personal obligation, the Defendant, as described in the list of crimes in the attached Table, deposited the total amount of KRW 19,97,343 in the account designated by E, a branch of which is located.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the police statement of C with respect to the police report (Attachment to the Kakao Stockholm dialogue) - Kakao Stockholm dialogue content, identification of investigation report (Listening to the E Statement), application of laws and regulations on financial transactions;

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

1. The crime of this case on the grounds of sentencing under Article 62(1) of the Act on the Suspension of Execution is a withdrawal and use of money deposited by the victim of the crime of Bosing in the account, and the nature of the crime is not good and the damage was not recovered.

However, in addition to the fact that the defendant reflects his mistake, the first offender, etc., the defendant's age, sexual conduct, environment, means and results of the crime, and other various sentencing factors such as the circumstances after the crime shall be determined in the same manner as the order.

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