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(영문) 의정부지방법원 2013.09.26 2013고단588
횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around March 9, 2011, the Defendant: (a) received a request from the new president of the Council of the Victim C to transfer the remaining money from the victim’s clan to the president of the Council of the clan; and (b) received KRW 5,1750,000 from the Agricultural Cooperative account in the name of the Defendant to keep for the victim’s clan; (c) withdrawn KRW 20,000 from the Agricultural Cooperative located in the name of the Defendant on March 10, 201 and lent the money to E after an elementary school; (d) arbitrarily consumed the withdrawal of KRW 2,6,00,000 from the agricultural cooperative located in the name of the Defendant; and (e) continuously continuously, paid KRW 26,00 to the private village E in the vicinity of the Guri-si located in the Guri-si located in the same day for personal debt repayment; and (e) arbitrarily consumed KRW 575,575,000,000 for personal consumption from April 5, 2011>

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on deposits without passbook (5,1750,000 won deposit certificates);

1. Article 355 (1) of the Criminal Act applicable to the relevant criminal facts (the point of embezzlement in general);

1. The Defendant shall be sentenced to a sentence, taking into account the following factors: (a) the instant embezzlement on the ground of sentencing of selective imprisonment with prison labor, in which the amount of the instant punishment exceeds 50,1750,000 won, and the damage was not recovered; and (b) in light of the Defendant’s age, legal attitude, criminal record, family relation, possibility of recovery from damage, etc., the Defendant is deemed not likely to flee or destroy evidence and the statutory detention

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