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(영문) 부산지방법원 2016.02.03 2015고단3930
횡령
Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

Around January 19, 2010, the Defendant introduced C to the victim B, thereby allowing the victim and C to enter into a sales contract for the purchase price of the land located in Gangseo-gu Busan Metropolitan City, which is KRW 66 million, with the victim and C. However, since the fact that the victim's housing was relocated and the damage was urgently needed, the contract for the sale of the land of this case, which is KRW 74 million between the victim and E, was re-exporteded to the victim and the victim to enter into a sales contract for the land of this case with the victim and E.

On October 2010, the Defendant received KRW 65 million from the injured party to return the purchase price in lieu of the purchase price in the purchase price in a trade name non-authorized brokerage office located in Gangseo-gu Busan Metropolitan City, Gangseo-gu to C. On November 30, 2010, the Defendant received KRW 65 million from E to the Agricultural Cooperative (F) account in the name of the Defendant, and remitted KRW 26 million to the victim, and kept the remainder of KRW 39 million in the said account in custody. On November 201, 201, the Defendant received KRW 20 million from the injured party to receive KRW 20 million in cash from the middle and the Defendant stored KRW 59 million in total for the victim.

From around 2010 to 2013, the Defendant consumed the above money for personal use, such as living expenses, according to the mind of the body.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect B by each prosecutor;

1. A protocol concerning the examination of the police officers of the accused;

1. A detailed statement of account transactions, a copy of a request for payment, etc.;

1. Application of the Act and subordinate statutes to the investigation report (Evidence Nos 3 and 9);

1. The relevant Article of the Criminal Act and Article 355 (1) of the Criminal Act (Punishment of imprisonment) concerning the reasons for sentencing;

1. The sentencing criteria [types] Category 1 (less than KRW 100 million), the basic area [the scope of the recommended sentence] (the scope of the recommended sentence] from April to April 1;

2. Determination of sentence: Embezzlement 59 million won from an individual injured person and its damage has not been completely recovered until now.

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