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Reasons
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(영문) 청주지방법원 2018.08.23 2018고단1137
횡령
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 20, 2014, the Defendant would have the victim D operate the restaurant at the site of the apartment construction site of Chungcheong E in the Daejeon Seo-gu, Daejeon.

“Around January 27, 2014, 200,000 won, including KRW 50,000,000,000,000 from the victim’s account in the name of the defendant, was transferred to the victim on January 28, 2014, and the victim was kept in custody for the victim, and it was impossible to allow the victim to operate the restaurant on the site of the Chungcheong E apartment, which was conducted by the victim on April 25, 2014. On April 20, 2014, the victim was found to be Schlage operated by the victim who was damaged in Daejeon Seo-gu, Daejeon, Daejeon, and was unable to operate the restaurant on the site of the Daejeon E apartment, but the Defendant and the victim were unable to operate the restaurant on the site of the construction on the remaining G Corporation at the request of the victim on June 25, 2014 to use the above KRW 50,000,000 as the capital for the business, and concluded the contract with the victim on June 25, 1, 2000000.

As above, while the Defendant kept KRW 70 million for the victim, he was unable to operate a restaurant due to the suspension of the G Corporation around September 2014, but he was embezzled by using the Defendant’s personal living expenses, etc. without returning it to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Account transactions;

1. A certificate of a contract for the same trade;

1. Investigation report (verification of suspect A bank account in the name of the suspect A);

1. Application of Acts and subordinate statutes for the certificate of transfer confirmation;

1. Relevant Article 355 of the Criminal Act, Article 355 (1) of the Criminal Act, the reasons for sentencing of sentence of imprisonment, and the reasons for choosing a sentence of punishment;

1. Category 1 of the sentencing criteria [the scope of the recommended punishment] (10 million won);

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