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(영문) 창원지방법원 통영지원 2015.06.12 2015고단124
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

On April 13, 2008, the Defendant: (a) sold No. 202 of Geumcheon-gu Seoul Metropolitan Government (the victim’s mother C) from the victim’s mother C to transfer the purchase price; and (b) sold the last amount of KRW 185 million to E on April 25, 2008; and (c) sold the last amount of KRW 185 million to E on May 13, 2008, the Defendant embezzled the money from the national bank account in the name of the Defendant (F to receive KRW 3 million from G; (d) transferred the purchase price of KRW 13 million from H to the same account on May 14, 2008; and (e) embezzled the money for the victim from May 13, 2008 to May 17, 2008 to the same account for personal business purposes, including business funds.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of each investigation report, a copy of a bankbook of a national bank, a sales contract, and a statement of account entry and withdrawal under the name of J, a check sheet requesting the details of request for non-disclosure, a copy of a bankbook, a certified copy of a registry, and a copy of a receipt;

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of recommendations based on the sentencing criteria - The basic area (from April to April 1) (the period of less than 100 million won) - The special person who has no penalty:

2. Determination of sentence - Unfavorable circumstances: The fact that there is no agreement with the victim - favorable circumstances; the fact that a part of the amount is deposited for the victim; the fact that there is no force to do so; and the fact that there is no force to do so; and the punishment is determined as ordered in consideration of all the sentencing conditions, such as the age, character and conduct, the environment of the defendant;

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