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(영문) 서울남부지방법원 2014.03.27 2013고단4787
횡령
Text

A defendant shall be punished by imprisonment for four months.

The defendant pays 31,00,000 won to an applicant for compensation.

3.2

Reasons

Punishment of the crime

On March 27, 2013, the Defendant: (a) at a Dice golf course located in Gangseo-gu Seoul Metropolitan Government, and (b) at the victim B, purchased 14 tons of truck 14 tons of the Shae-fash-fash, and enter the company E, he/she may obtain profits at least 11 million won per month; (c) calculated 10 million won per vehicle, and the total purchase price of 40 million won per vehicle is 40 million won per vehicle, and (d) purchased 40 million won in the name of the victim.

Accordingly, around March 27, 2013, the Defendant received from the victim the transfer of KRW 4 million from the victim to the passbook in the name of F, KRW 16 million in the name of G around April 3, 2013, and KRW 35 million in total from April 27, 2013 to the passbook in the name of G on April 27, 2013, and paid KRW 4 million in the name of the down payment for the purchase of truck among them, and embezzled the remainder KRW 31 million in the name of the victim by arbitrarily consuming the personal debt, etc. around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol law to B

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

1. Articles 25 (1), 31 (1) and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders (only referring to the amount of direct physical damage caused by the crime of embezzlement in the market);

1. It shall consider that there is no serious effort to recover damage, even though it is not a significant damage caused by the crime with the reason of sentencing in Article 31(3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings Pronouncement of Provisional Execution

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