(영문) 의정부지방법원 2015.01.14 2014고단2122

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(영문) 의정부지방법원 2015.01.14 2014고단2122

횡령

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 31, 2010, at the defendant's store located in Nowon-gu in Seoul Special Metropolitan City, the defendant asked the defendant to keep the money to be used for the victim's living expenses, etc. in the defendant's account for the victim who is bad credit holder.

While the Defendant, a partner of the victim, transferred KRW 15 million to the Agricultural Cooperative (F) account in the name of the Defendant, and kept for the victim, the Defendant arbitrarily consumed KRW 13.5 million for the purpose of the Defendant’s sales of goods and the Defendant’s living expenses, etc. from May 31, 2010 to June 30, 2010.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Court statement of the defendant [the second trial date];

1. Each police statement concerning D;

1. Each police investigation report;

1. Application of Acts and subordinate statutes on a copy of passbook and detailed statement of transactions;

1. The applicable legal provisions on criminal facts, Article 355(1) of the Criminal Act of the choice of punishment, the grounds for sentencing of sentence of imprisonment [the scope of recommendation] Type 1 (100 million won] (4 to 1 year and 4 months): the applicable sentencing range and the recommended sentencing range: April-1 year and 1 year (a sentence decision] imprisonment with prison labor: He/she shall be sentenced]; he/she shall be sentenced to six months; he/she shall be sentenced to imprisonment with prison labor; he/she shall be sentenced to imprisonment with prison labor; he/she shall be sentenced to the reversal of his/her claim that he/she has received the consent of the victim; he/she shall be subject to the disposition of the custody amount; however, he/she shall be so long as he/she again claims that he/she had engaged in the business with the victim; he/she shall not have any prior knowledge or reflection on the crime of this case; actual amount of damage to the victim and the victim (person receiving the basic living); actual amount of damage; actual amount of damage that

It is so ordered for the above reasons.

참조조문

-형법 제355조 제1항

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