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(영문) 서울서부지방법원 2018.06.19 2018고단324
업무상횡령
Text

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

Reasons

Punishment of the crime

From April 2017 to May 2017, the Defendant served as the secretary of the certified judicial scrivener office in UAA, and from July 26, 2017 to August 29, 2017, the Defendant worked as the secretary of the certified judicial scrivener office in CA to assist the affairs of the certified judicial scrivener.

1. On May 11, 2017, the Defendant: (a) requested on May 11, 2017, at the non-commercial coffee shop located in Songpa-gu Seoul Metropolitan Government, the Defendant paid KRW 8,327,00, and KRW 220,00,00 for the registration of transfer of ownership; (b) received the request from the victim V to complete the registration of transfer of ownership; and (c) paid the expenses for the registration of transfer of ownership; and (d) used the full amount of the expenses for the registration of transfer of ownership to the victim V, while being kept for the victim U.S. who is a certified judicial scrivener.

Accordingly, the defendant embezzled the victims' property.

2. On July 26, 2017, the Defendant committed a crime on July 26, 2017, from the victim V in Gangdong-gu Seoul Metropolitan Government X 804, “The two fathers do not leave the house of Na.”

If both father and father receive KRW 70 million, they will leave.

On the other hand, “a request for delivery” received 70 million won from the injured party to the bank account (G) with C’s request and received 70 million won from the injured party and was in custody for the injured party, and consumed the entire amount by debt repayment, living expenses, etc. at that time.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol of the police concerning V;

1. Complaint;

1. A criminal investigation report (Submission of account details and non-payment of damage amount), and a criminal investigation report (Attachment of a confirmation document that the person under consideration has worked at the office of a certified judicial scrivener);

1. Application of Acts and subordinate statutes to a fact-finding document, such as a statement of account transactions and account transactions;

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the crime (the point of each business embezzlement and the choice of each imprisonment);

1. The former part of Article 37 of the Criminal Code, and Article 38.

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