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(영문) 서울중앙지방법원 2016.09.29 2015고단6415
횡령
Text

Defendant

B A person shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

Defendant

B is the director of the C legal office operated by a lawyer.

A Attorney-at-law, around July 14, 2014, entered into a delegation contract on behalf of the victim D who is under trial due to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) with the victim D, who is under detention, on behalf of the agreement on the case under detention, and pays the difference as 20% of the difference when success below 600 million won.

(The difference in the success of the agreement of 50 million won is KRW 100,000,000)

2. This Agreement is a contract which represents an agreement with SKS and does not submit a counsel at a trial.

3. A refund of 1.5 million won, out of three million won for the commencement of an agreement failure.

“Preparation of this case’s delegation agreement.”

Defendant B, around August 21, 2014, at the above C legal office located in the five floors of the building in Seocho-gu Seoul Metropolitan Government, Defendant B, the wife of the victim, can see the agreement in KRW 500 million.

As part of the agreed amount, “40 million won is required to be in advance, 40 million won is required to be in advance,” it is received from F to the new bank account (Account Number G) in the name of Defendant B with the victim and received KRW 40 million from F as part of the agreed amount, and “I receive the said amount as part of the amount used for agreement with the victimized Company in relation to the case of Seoul Central District Court 2014 High 396 case (Defendant D).

In the event of delay in agreement with the victim company or other unexpected circumstances, the above amount shall be returned to N.N. F. who is the wife of the defendant.

On August 2014, 2014, an attorney A, the recipient, prepared and issued a receipt of the content of "A".

As such, Defendant B transferred KRW 20 million out of the above KRW 40 million to the Defendant H’s account in the name of the wife A on August 21, 2014 when Defendant B had to use the same as the agreed amount of a case in a criminal trial by the victim, and had the victim receive KRW 40 million from the victim and keep the same for the victim, and transferred the remaining KRW 20 million to the Defendant B’s account in the name of the Defendant B, and then transferred the money to the Defendant B’s son’s son’s son’s son’s son’s son’s son’s son.

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