(영문) 춘천지방법원 영월지원 2014.04.25 2013고단628

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 춘천지방법원 영월지원 2014.04.25 2013고단628

횡령

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 27, 2011, the Defendant entered into a contract to move into the B house 202 in the old and previous city through a “house leasing business,” which is a resident housing support program of the Korea Land and Housing Corporation for the victims.

The above contract is a type in which the Korean Land and Housing Corporation becomes the lessee and the Korean Land and Housing Corporation holds office for the tenant, and a certain portion of the deposit is paid directly by the Korean Land and Housing Corporation to the lessor and the deposit is returned after the contract is terminated by the Korean Land and Housing Corporation.

Therefore, the Korea Land & Housing Corporation paid 38 million won to the lessor, a lessor, of the total amount of the deposit of the deposit of the deposit of the contract concluded by the defendant according to the terms and conditions of the contract.

After that, on April 20, 2012, when the Defendant terminated the above lease contract, the Defendant returned the deposit amount of KRW 45 million, including the subsidy amount of KRW 38 million owned by the victim, and embezzled it under the pretext of personal hospital expenses, living expenses, etc. while being kept for the victim.

Accordingly, the Defendant embezzled KRW 38 million owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A real estate lease contract and a cash storage certificate;

1. Application of Acts and subordinate statutes to an investigation report (report on telephone statement hearing related to the full-time subsidy);

1. The crime of this case on the grounds of the pertinent Article of the Criminal Act and Article 355(1) of the Criminal Act with regard to the crime of crime of this case is deemed to have been committed by the Korea Land and Housing Corporation after being subsidized a considerable portion of the lease deposit by the Korea Land and Housing Corporation in accordance with the housing welfare policy, and thus, the nature of the crime is not very good, and even if the amount of damage is not substantial, it is inevitable to sentence

However, the defendant has been punished for the same crime or suspended execution.

참조조문

-형법 제355조 제1항

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