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(영문) 서울중앙지방법원 2013.12.10 2013고단4370
횡령
Text

A defendant shall be punished by imprisonment with prison labor for four 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

around 5, 2007, the Defendant was delegated with the authority to conclude the sales contract of 1606 apartment units located in Washington Sington City (hereinafter “the apartment units of this case”), which was scheduled to complete the year 2010 from the Victim G, and around July 2, 2007, the Defendant was transferred USD 10,000 (Korean Won KRW 9,293,300) for deposit deposits, and USD 44,500 (Korean Won KRW 43,263,340) for the contract deposit on February 25, 2008, to purchase the apartment units in the joint name of the victim and his mother, but around September 9, 2010, the Defendant was returned to the U.S. court around 7, 2010 by filing a lawsuit against the seller of the apartment units of this case against the Plaintiff on the grounds of the contract breach, etc., and was returned to the IMO court around 7, 2010.

On November 11, 2010, the Defendant received the said USD 45,433.39 (Korean Won 49,906,530) from USD 60,577.85, which deducts attorney's expense from USD 15,144.46, and embezzled the said USD 45,433.39 (Korean Won 49,906,530) to the national bank account (K) in the name of the national bank account (Korean) and used the said amount for personal use around that time.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police against the accused (two times, replacement);

1. The police statement concerning G;

1. Televisions for broadcast advertising;

1. Application of Acts and subordinate statutes to investigation reports (Submission of Suspect H account Transactions Statement);

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Determination of Punishment] 100 million won [Determination of the recommended field] Basic Field [Scope of Recommendation] from April to April 1 year [No criminal punishment in the event that mitigation elements are not occupational embezzlement or breach of trust ] applicable provisions of applicable law [Scope of Punishment] applicable provisions of applicable law in the case of embezzlement of aggravated factors [whether punishment is applicable]: one month to five years of suspended sentence] - Major reasons for reference are negative.

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