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(영문) 의정부지방법원 고양지원 2019.09.18 2019고단1319
횡령
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who was in a relationship with the victim B from August 2015 to August 2016.

Around September 2015, the Defendant purchased a house with a financial institution from the financial institution and transferred the house to the company into which the Defendant used the house, and agreed to pay the loans from the financial institution and the funds to the financial institution of the victim by obtaining profits while operating and managing the said house. On February 2016, the Defendant purchased the funds from the victim with the funds of the victim and received the funds from the victim and kept them in custody and custody of the amount of approximately KRW 70 million,000,000, market price of which entered into the name of C in the name of the victim, and was approximately KRW 70 million.

Since August 2017, the Defendant failed to repay the amount borrowed from the victim to the victim, and the Defendant requested the victim to return the said amount twice from December 2, 2017 to January 2018, but refused to return the said amount without justifiable grounds.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. The register of automobiles and the certificate of automobile transfer;

1. A written notification and a certificate of acceptance;

1. Application of the statutes governing judgment, confirmation and certification;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (the fact that the defendant returned the vehicle to the victim of this case, confession and reflects the crime, and the fact that there is no same kind of power);

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