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(영문) 부산지방법원 2013.10.16 2012고단10735
횡령
Text

A defendant shall be punished by imprisonment for not less than eight 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

On August 8, 201, the Defendant agreed to transfer the status of the party to the contract for the production of the crime to the victim E and F in accordance with the above Switzerland and the university prior to the Defendant’s prior agreement with the victim E and F in Busan’s U.S., and agreed to pay 60 million won as down payment and intermediate payment and pay 95,000,000 won from the university later.

On November 201, 201, the victims completed the production and delivery for each university according to the above university's graduation agreement, and after the delivery of Albi crime, the Defendant arbitrarily embezzled KRW 159,865,000, excluding the unpaid portion of KRW 90,000,00 from the university from February 2, 201 to March 2 of the same year, and then transferred from the university to the bank account in the name of the Defendant and the Defendant's operating company, and embezzled the amount of KRW 69,865,00,000, out of the remainder, for the victims, as the Defendant's operating expenses, etc.

Summary of Evidence

1. Legal statement of witness F;

1. A protocol concerning the suspect examination of the accused;

1. Application of F of Acts and subordinate statutes to the protocol of prosecutorial statement concerning F;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there exists no previous conviction exceeding the fine, the fact that agreement has been reached);

1. Social service order under Article 62-2 of the Criminal Act;

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