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(영문) 수원지방법원 평택지원 2015.11.26 2015고단1157
횡령
Text

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

except that 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 June 27, 2012, the Defendant was transferred to the account in the name of G, which is the birth of the Defendant, through F, the head of the affairs of a certified judicial scrivener, under the pretext of cancelling the registration of collateral security of E, which is set up on the D land and building owned by the Defendant C from the victim C at the office of a certified judicial scrivener in Suwon-si, Suwon-si, Suwon-si.

On June 28, 2012, while the defendant kept the above money for the victim, he remitted the money to the bank account in lieu of the defendant's name, and at that time, he arbitrarily used the above money for school expenses and living expenses for children.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to C by the police;

1. An interrogation protocol on the F attached to investigation report (attached to public inspection documents);

1. Transfer certificate;

1. Application of Acts and subordinate statutes of a loan certificate (No. 28 pages of evidence);

1. Article 355 (1) of the Criminal Act applicable to the crimes;

1. Determination on the application of sentencing guidelines of Article 62 (1) of the Criminal Act on the grounds of sentencing under Article 62 (1) of the suspended sentence: The scope of recommending sentencing guidelines of applicable O: It shall be taken into account all circumstances, including the fact that the victim of April 1 (100 million to the defendant was aware of the crime of this case while the victim of August 17, 2012 borrowed additional KRW 20 million to the defendant on August 17, 2012, and completed the registration of ownership transfer on D land and building due to sale;

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