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(영문) 광주지방법원 2016.06.22 2016고단688
횡령
Text

The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. As the representative director of a corporation B, the purpose of which is to purchase construction machinery wholesale and retail business, Defendant 2 agreed to purchase dump trucks by obtaining loans from financial institutions under the name of the victim upon receiving a request to purchase dump trucks from the victim L.

On December 31, 2014, the Defendant, at the Defendant’s office located in Gwangju Mine-gu, transferred KRW 59,986,00 from HK Savings Bank to the account under the name of HK Savings Bank, and embezzled by arbitrarily using personal debt repayment, etc. around that time.

2. As the representative director of a stock company B for the purpose of wholesale and retail business, etc. of construction machinery, Defendant 2 agreed to obtain a loan from a financial institution under the name of the victim and purchase a middle and middle high dump truck in the name of the victim at the O office operated by the victim N in the victim N in Gwangju-si, Namyang-si around February 2015.

On March 31, 2015, the Defendant, at the Defendant’s office located in Gwangju Mine-gu, embezzled KRW 164,910,000 as a total of KRW 90,000 from March 31, 2015 to April 7, 2015, he/she received a loan from Aju Capital Co., Ltd. to a deposit account in the name of a corporate bank in the name of a stock company B and embezzled for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement in relation to L (2016 height group 688), N (2016 height group 144);

1. A demand note of the HK Savings Bank (2016 high group 688);

1. A statement of receipt of principal and interest of each time discrimination, a mid-to-mid-to-face request, and a statement of accounts in the name of a company bank bank account B (at least 2016 order 144); the application of statutes;

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

1. The former part of Article 37 of the Criminal Act, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.

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