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(영문) 수원지방법원 2014.10.16 2014고정1841
횡령
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant is a certified judicial scrivener who operates “C Judicial Scriveners Office”.

On December 8, 2012, the Defendant prepared a “business agreement for a certified judicial scrivener of a operating store” with the content that the Defendant is entrusted with the registration of ownership transfer and the registration of establishment of a neighboring place of business in Songwon-si, Suwon-si, Suwon-si 187-ro 47 (Mediationwon-dong-dong-dong-dong-dong-si), between the 81 household loan bank of the occupant who purchased Dtel and the Nonghyup Bank, which is the loan bank of the occupant who purchased Dtel, and received the total sum of 527,415,464 won from January 8, 2013 to March 8, 2013 as the expenses for the registration of ownership transfer and the registration of establishment of neighboring places of business from March 8, 2013.

While the Defendant kept the said money for each occupant, from January 8, 2013 to March 8, 2013, the Defendant embezzled KRW 276,518,847, by voluntarily consuming KRW 276,518,847 for the Defendant’s fee, while using KRW 810,000,000,000,000 for the transfer of ownership and the establishment of the right to collateral security, and operating expenses of the Defendant’s office, for the 81st generation among the 81st generation units around that time, the Defendant embezzled KRW 276,518,847, which was separately delegated by the Defendant, for the Defendant’s management of the said money for the 41st generation occupant.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Article 355 (1) of the Criminal Act ( point of embezzlement) and the selection of a fine concerning the crime;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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