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(영문) 광주지방법원 장흥지원 2018.05.03 2017고단255
횡령
Text

A defendant shall be punished by imprisonment for one year.

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

The defendant is a person who operates a DNA authorized brokerage office in South Heung-gun C, and is the victim E's private relationship.

The Defendant has been managing land purchased by the damaged party.

1. On October 2015, the Defendant was requested to sell each building and land of the Republic of Korea, G, H, I, and J, from a person who suffered from an incompetuous damage on a date, the victim was the victim’s ownership.

On October 23, 2015, the Defendant: (a) sold each of the said real estate to the New River Construction Co., Ltd.; and (b) received and retained the remainder of the purchase price of KRW 170 million in the name of the Defendant’s Saemaul Cooperative Account (M) in the name of the victim managing the remainder of the purchase price of KRW 170,000,000,000 from October 23, 2015 to March 5, 2016, the Defendant arbitrarily consumed and embezzled the said KRW 170,000 in order from October 23, 2015 to March 5, 2016.

2. On September 2016, the Defendant received a request from a person who suffered damage from an unexplosion on the date to sell a building and land N in the South-Yung-gun, the victim owned.

On September 5, 2016, the Defendant sold the above real estate to Q for a price of KRW 380 million, and received and retained the remainder of KRW 187,809,776, other than the repayment of the loan, to the Saemaul Treasury account in the name of the said victim managed by the Defendant. On September 4, 2016, the Defendant continuously withdrawn KRW 117,809,776 from September 4, 2016 to December 26, 2016, and embezzled the Defendant’s husband’s business-related debt, etc. for the purpose of voluntary consumption.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and R;

1. Application of Acts and subordinate statutes to investigation reports (reports related to the determination of the amount of embezzled property);

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act concerning the selection of punishment ( comprehensively referred to as imprisonment with prison labor);

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act (the fact that the offense is heavier than that of the offense).

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