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(영문) 대전지방법원 2016.11.30 2016고단1446
횡령등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The Defendant committed embezzlement, on behalf of the victim C, to pay monthly payments and receive fraternity deposits from the fraternity D. A. A. As an agent, the Defendant promised to do so.

On July 31, 2012, the Defendant received KRW 20 million from D in accordance with the said commitment at the street in front of the Daejeon-dong District Management Office of Jeju-dong, Daejeon, pursuant to the said commitment, and was kept in custody for the victim. On August 8, 2012, the Defendant paid KRW 15 million to the victim to the early police officer, and embezzled the remainder of KRW 5 million for personal consumption at that time.

B. Around March 31, 2013, the Defendant received the amount of KRW 20 million from D by the said method, and then embezzled the amount of KRW 10 million for the victim on the temporary basis and paid to the victim KRW 10,000,000,000 for personal consumption.

C. Around October 31, 2013, the Defendant received KRW 20 million from D by the aforementioned method, and then embezzled the amount of KRW 20 million for the victim, while being kept for the victim, on the same date and time.

2. Around April 20, 2013, the Defendant organized a total of KRW 21 unit and KRW 20 million, and the victim C joined an order No. 20.

On November 20, 2014, the Defendant received 200,000 won from the members of the above fraternity at the office of the Defendant located in Daejeon Dong-gu, Daejeon, from the members of the above fraternity, the Defendant had the duty to pay 22,60,000 won to the victim, which is the cause of the fraternity No. 20th day No. 20.

Nevertheless, the defendant violated his duty, without any justifiable reason, used the money to pay the money to the victim, thereby acquiring property benefits equivalent to the above money, and suffered losses equivalent to the same amount by the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The Defendant’s respective legal statements in C and D are the facts charged No. 1.B.

The funds in this subsection shall not be the victim, but the F.

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