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(영문) 수원지방법원 여주지원 2019.01.29 2017고단1581
횡령
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A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On July 12, 2012, the Defendant purchased KRW 180,00,00 from C Agricultural Partnership Office located in Yongju City, Inc., with the victim D, for KRW 700,000,00 for KRW 150,000,00 in the purchase price for KRW 150,000,000 for KRW 55,50,000 for KRW 5500,00 for the victim, and the Defendant jointly owned with the victim by paying the purchase price for KRW 50,000 for KRW 180,00 for the above ginseng as the victim. The Defendant is responsible for cultivating and managing the ginseng, and the said ginseng was sold and divided into one-half, with the victim, and the remaining KRW 20,000,000 for KRW 35,50,00 on behalf of the victim and offset the previous obligation to the victim.

From around that time, the Defendant occupied the above ginseng distribution 18,00 K, and kept it for the victim, around January 13, 2014, the Defendant offered approximately KRW 3 billion to G with approximately KRW 18,000 of the above ginseng distribution as security for the victim’s debt at the above C farming association office without the consent of the victim, and had G mine all of the ginseng planted in about 18,000 of the above ginseng distribution around October 19, 2014.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of suspect interrogation of the accused (including D's statement);

1. A sales contract, etc. of ginseng distribution;

1. Qua;

1. Investigation reports (verification of the details of remittances);

1. The letter of complaint filed in D, the ginseng distribution sales contract, and the certificate of ginseng cultivation;

1. Each statement of D;

1. Application of Acts and subordinate statutes to each content certification and explanatory note;

1. Grounds for sentencing choice of imprisonment with prison labor, Article 355 (1) of the Criminal Act applicable to the relevant criminal facts;

1. Scope of recommendations from one year to three years (basic areas);

2. Determination of a sentence shall be made in consideration of the extent of damage, the fact that damage has not been recovered, etc.;

However, it shall be considered in favor of the victim that the amount of KRW 100,000 has been paid to the victim before the prosecution, and that deposit KRW 52,50,00 for the victim after the indictment.

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