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(영문) 청주지방법원 제천지원 2015.04.03 2014고합41
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for five years.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The defendant is the victim C's wife.

The victim operated a construction company from July 2013, and the business has deteriorated, and the company has withdrawn cash from various accounts to avoid the collection of claims by creditors at the seat of the date of the default of the company and kept it in the house of pro-friendly son.

On April 2014, the Defendant, who became aware of the fact, proposed that the Defendant “it would be safe to leave the Defendant to keep the cash in custody with his/her her son or her son. It would be safe to leave the Defendant with his/her her son or her son’s son.” In response to the proposal, the victim made the Defendant

On April 16, 2014, the Defendant was requested from the victim on August 5, 2014 to return the remaining KRW 600 million from the victim on August 17, 2014, when he was in custody of the victim after he was in custody for the victim by purchasing the apartment in response to the victim's request. In light of the above D's house 1101 dong 1302,00 won in cash, the Defendant discarded the cell phone used by the previous Defendant and purchased the new vehicle and the cell phone, and rejected the return of the said KRW 600,000,000 out of the above KRW 740,000,000 for the purchase of the apartment house.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of C, F, D, and G;

1. The witness C, G, H, D, and the fifth protocol of the trial, the witness D and C's respective statements, and the witness I's partial statements in the third protocol of the trial;

1. A protocol concerning the examination of the suspect concerning each part of the defendant (including part concerning theC statement);

1. Each cash custody certificate, each investigation report (other than a part of a record and C), each investigation report, each investigation report, the arrest report of designated consignees, the arrangement of account details, the next inquiry, the request for investigation cooperation, the ctv Cdd, the inquiry request, and the inquiry request;

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