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(영문) 창원지방법원 마산지원 2016.08.09 2016고단602
횡령
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On May 12, 2015, the Defendant was a broker of “C” in Jinju-si, Jin-si, and had been a broker of “C”, and the Defendant was a broker of a housing lease agreement with the victim E who was seeking a new house from 502, Jin-si, Jin-si, about the foregoing D building 502, the lease deposit amount of KRW 50,000,000 and KRW 60,000,000 per month.

around May 12, 2015, the Defendant received KRW 500,000 from the above injury to the owner of the said 502 as the contract deposit, upon request, and received KRW 5 million from the agricultural bank account in the name of F designated by the Defendant as the contract deposit, and embezzled the remainder of the lease deposit with KRW 5 million around May 27, 2015, and with G agricultural bank account in the name of F, with KRW 10 million around May 29, 2015; KRW 10 million around May 30, 2015; KRW 10 million around May 30, 2015; and around May 31, 2015; and KRW 10 million from the national bank account in the name of H, and embezzled all of the Defendant’s personal debt to repay the remainder.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution (first time);

1. Statement made by the police for E;

1. Application of the relevant Acts and subordinate statutes on a copy of receipt and details of transactions;

1. Grounds for sentencing under Article 355 (1) of the Criminal Act in relation to the relevant criminal facts and the choice of punishment;

1. Scope of the recommended punishment on the sentencing criteria: Imprisonment with prison labor for up to four months and up to one year and four months [the scope of the recommended punishment] and the basic area (up to one year and four months) (up to one hundred million won) of the category 1; and

2. Determination of sentence: The sentencing conditions, such as the defendant's age, sex, environment, motive, means and result of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission.

Unfavorable circumstances: The amount embezzled is KRW 50 million.

The victim did not agree with the victim.

Although there was a record of punishment for the same crime, the crime of this case was committed.

The favorable circumstances: The crime of this case is against the law.

Chonsegwon shall be placed on other apartments.

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