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(영문) 춘천지방법원 강릉지원 2016.12.22 2016고단1220
횡령등
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The defendant pays 30 million won to an applicant for compensation.

3.2

Reasons

Punishment of the crime

The Defendant from April 2015 to March 1, 2015 is a person who had been working on a construction site management support work from “F” in the “F” of the victim D operation from March 2015.

The Defendant, around September 17, 2015, concluded a sales contract with the “I Steering Committee” and the residents of the H Construction site, which are residents of the H Construction site located in G G, to move to and reside in the G. The Defendant agreed to lend only 18 households under the name of the Defendant, and the two households, after completing the construction under the name of the Defendant, to return the purchase price for the said two households to the victim by receiving the transfer from the third party viewing to the account under the name of the Defendant.

On May 20, 2016, the Defendant embezzled the amount of KRW 330 million for the personal use of the Defendant at around that time while being kept for the victim, which was remitted from a third party to the account of community credit cooperatives (J) under the name of the Defendant.

around 15:54 on July 4, 2016, the Defendant received the notice of call for the training of homeland reserve forces in the name of 7873 unit 48 unit commander of the Army, which caused four times of training, such as the list of crimes, from the “L real estate” located on the first floor K of Bupyeong-gu Incheon, Bupyeong-gu, Incheon, and from the training site of the Bupyeong-gu reserve forces, the Defendant did not receive the above training without justifiable grounds, even though he received the notice of call for the training of homeland reserve forces in the name of 7873 unit commander of

Summary of Evidence

1. "Court statement of the defendant 2016 Highest 120";

1. Statement made to D by the police;

1. A complaint, a written oath, and a written statement of performance "2016 Highest 1360";

1. Application of Acts and subordinate statutes concerning notification of crimes in violation of the Establishment of Homeland Reserve Forces, certificates of criminal facts, and receipt notice of call;

1. Article 355 (1) of the Criminal Act applicable to the relevant provision of the crime and Article 355 (1) of the Criminal Act for the selection of punishment, and Articles 15 (9) 1 and 6 (1) of the Establishment of homeland reserve forces Act; Selection of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Special cases concerning litigation promotion, etc. of compensation order;

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