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(영문) 의정부지방법원 2017.05.31 2017고단1158
업무상횡령
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

The defendant is the actual representative of the victim C, D, and E established for the purpose of redevelopment implementation project, and is a person in charge of overall management such as fund execution.

On July 16, 2007, the Defendant received KRW 300,000 in total from March 7, 2011 to March 7, 2011, and embezzled KRW 3,010,000 received from the Defendant and the complainants of the said company’s personal criminal case by paying KRW 100,000 as criminal agreement money for the victim and embezzled it for personal purposes on the same day, while the Defendant received KRW 30,000 in total from the date when the Defendant kept for the victim company a sum of KRW 89,828,00 in total from March 8, 201 to March 7, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of H by the prosecution;

1. Statement made by the police against M;

1. A certified copy of each corporate register, each joint housing construction agreement, a copy of a promissory note and a receipt, a copy of a passbook, a copy of each account and a statement of account transactions, details of each account transaction, investment plan, receipts and a note of each joint business development agreement, receipts and cash receipt, each joint business development agreement, receipt and loan certificate, account tracking management for A/H, investigation report (report on the results of tracking the check user), each judgment, each investment contract, investment plan, the certificate of deposits without passbook, copies of each crime, investigation report (verification of transaction details in the table of crime), detailed statement by date and time of each crime, copy of each check tracking, a copy of each account transaction result, a statement of check tracking, results of check tracking, results of account tracking, application of Acts and subordinate statutes on account tracking data;

1. Articles 356 and 355 (1) (including provisions) of the Criminal Act applicable to the facts constituting an offense;

1. Reasons for sentencing choice of imprisonment with prison labor [the scope of applicable sentences under law] Imprisonment with prison labor for not more than ten years [the types of decisions] (the sum of the amount of profits plus the amount of profits].

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