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(영문) 전주지방법원 군산지원 2019.06.26 2018고단744
횡령등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Upon receipt of the victim B’s request from the victim B to lend the construction cost, the Defendant, on September 12, 2012, provided that D, the Defendant, who received the loan from the Defendant, was paid KRW 150 million until May 31, 2013, the Defendant lent KRW 120 million to the victim on the condition that D, who received the loan from the Defendant, was paid KRW 150 million.

On September 15, 2012, the Defendant was in custody of KRW 5,000,00 from the post office account under the name of the Defendant upon request from the victim to D for the repayment of the borrowed amount, and was in custody of KRW 5,00,00 for personal purposes, such as repayment of personal obligations, card payments, living expenses, etc. at that time, and was in custody for seven times from that time until February 5, 2016, the Defendant used the total amount of KRW 60,50,000 for personal purposes, such as card payments, living expenses, etc.

Accordingly, the defendant embezzled the victim's property.

2. On June 27, 2017, the Defendant was present at the Gunsan Branch of the Jeonju District Court 2016da58152, which was located in 68 as the Gunsan Branch of the Gunsan District Court 202, which was located in 2017, and took an oath as a witness, and thereafter asked whether the Defendant and B have the Defendant’s claim through monetary lending and lending between the Defendant and the Defendant. The Defendant asked the Plaintiff’s agent’s “3,400 degree”.

However, in fact, the defendant did not have a claim against B, and there was no agreement that B shall pay the money to the defendant in return for the request for postponement of the sale date in the auction procedure applied by D with respect to the real estate owned by B.

Accordingly, the defendant made a false statement contrary to his memory and raised perjury.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and D;

1. The receipt of a loan, financial transaction statement, inquiry, complaint, or complaint;

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