logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 성남지원 2018.09.18 2018고단176
횡령
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 14, 201, the Defendant offered the case’s land as security to the J on the instant land without the consent of the victims, and borrowed KRW 100 million from J, with the maximum amount of KRW 2.15 million, and the victims agreed to operate real estate development business and divide real estate and profits into 1/3, respectively, by investing each 2.15 million in the instant land. While the instant land, which is a business property registered in the name of the Defendant under the said business agreement, was kept for the victims, the Defendant provided the instant land to the J on the instant land as security without the consent of the victims. On February 14, 201, the Defendant continued to register the establishment of the maximum amount of KRW 100,000,000,000,000,000 to the creditors, J, 200,000 won, without the consent of the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F (No. 4 times);

1. A further complaint;

1. Application of Acts and subordinate statutes governing registration;

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

1. The punishment as ordered shall be determined by taking into account the circumstances under the former part of Article 37 of the Criminal Act, Articles 38(1)2 and 50 of the Criminal Act, the circumstances under Article 51 of the Criminal Act, the sentencing guidelines of the Supreme Court (Embezzlements, concurrent crimes of the same kind, at least KRW 100 million, at least KRW 500 million, less than KRW 500 million, basic punishment, year 1-3) and other factors;

The fact that no damage has been compensated to the victim F, that the defendant led to the confession of the crime and reflects his mistake, that the defendant transferred the defendant's share to the victim G to compensate the damage, and that the defendant has no record of crime exceeding the fine.

arrow