2012 Highest 3408 Embezzlement

GaO (750000 - 100000) and 00000

The rate of jurisdiction at the time of the residence of both States

Suwon-si, Suwon-si, Standard place of registration

Yang Jae-young (Lawsuits) and Han Han-dae (Trial)

Law Firm Shinpyeong, Attorney Kim Jong-soo

May 28, 2013

A defendant shall be punished by imprisonment for one year.

Criminal History Office

On July 14, 2012, the Defendant: (a) entered into a contract for real estate auction with the victim maximum of 000 U.S. office at around 00000,000 as a citizen of the Gu-si around 14, 2012; (b) entered into a contract for real estate auction with the victim at around 000,000; (c) on July 24, 2012, the Defendant was awarded a successful bid of KRW 569, U.S. 569, U.S. - 4 Hyundai Amphaak apartment 109, 402, 239, 150,000; and (d) on August 8, 2012, the Defendant was transferred from the victim to the head of the Tong under the name of the Defendant;

On August 8, 2012, an obligee paid KRW 18,00,00 for the purpose of discharge of obligation, and paid KRW 40,00,50 for the purpose of discharge of obligation to an obligee GamblingO on August 9, 2012, and paid KRW 40,50,00 for the purpose of discharge of obligation, and paid KRW 4,50,00 for the office deposit to an obligee on August 10, 2012; KRW 17,00,00 for the purpose of discharge of obligation to an obligee on August 27, 200; KRW 0,000 for the purpose of discharge of obligation to an obligee on August 5, 200; KRW 0,00 for the purpose of discharge of obligation to an obligee on August 27, 201; KRW 17,00 for the purpose of discharge of obligation to an obligee on September 5, 2012; and used KRW 7,000 for the purpose of discharge of obligation

Summary of Evidence

1. The defendant's statement in court (on the third trial date);

1. An interrogation protocol of the police as to 00;

1. Statement of the police about the maximum 00;

1. A complaint, details of passbook transactions, business registration certificate, etc.;

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 355(1)(b) of the Criminal Act, the choice of imprisonment

Reasons for sentencing

○ Scope of applicable sentences: Imprisonment from one to five years;

○ The scope of final sentence recommended by the sentencing guidelines: Imprisonment with prison labor for a period of three years from one year to three years.

[Types of Crimes] Types of not less than KRW 100,00 but less than KRW 500,000 among the group of embezzlement and breach of trust

[Special Aggravations] Aggravations and Mitigations: None

[Scope of Recommendation] Basic Area ( Imprisonment with prison labor for one to three years)

○ General Sentencings on the sentencing criteria

In the case of embezzlement:

Reduction element: In the event that it is not occupational embezzlement, it shall not be serious reflect

○ Determination of sentence

The defendant's crime of this case is that the defendant, who operates an auction agency, arbitrarily embezzled the balance of the successful bid price that he received from the victim; the damage amount exceeds KRW 12,00,000,000,000, which is considerably larger than the amount of damage; even if the damage amount is excluded from the amount of KRW 30,000,000,000,000,0000,000,000,000 was extended to pay the remainder of the successful bid price; since the crime of this case is not very good, the defendant's sentence of punishment corresponding thereto is inevitable; on the other hand, the defendant's age, character and behavior, environment, motive, means and result of the crime, circumstances after the crime, etc. are recorded and the conditions for sentencing as shown in the oral argument are considered.

Judges B.

1) As stated in the facts charged in the indictment, “Nhhhhhhhhhhhhhhhhhhhhhhhhh

2) Since the legal interest of damage is a single, the form of crime is identical, and a series of embezzlements based on the realization of a single criminal intent, it is a single single crime.

3) The real estate of this case was awarded to the victim's father/child, the successful bid is awarded under the joint names of the corporations, the founder shall be his/her father/child, and his/her fraud