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(영문) 서울서부지방법원 2014.09.30 2014고단1554
횡령
Text

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

except that 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

Around September 18, 2012, the Defendant and the victim B (the age of 62), and C entered into a joint agreement with the victims and C to repay the loans to the victims and C first priority after the completion of the construction of the said construction, on the land of 18 parcels, including Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, with each share of 1/3, and the said users jointly own the name of the newly-built crowdfunding building with each share of 1/3, and the financial obligations that may arise in connection with the said project are also liable for each 1/3 each. The necessary funds borrowed the money as collateral to the victims and C, but the said construction of the said construction of the soft building was carried out.

The Defendant, around February 1, 2013, at the foregoing construction site office located in Yeongdeungpo-gu (hereinafter referred to as Yeongdeungpo-gu) (hereinafter referred to as “D”) around February 1, 2013, “The Defendant completed the construction cost of 500 million won by June 30, 2013, using the aforementioned construction cost to pay to the Defendant not later than September 30, 2013, including money for the loan received and money for the loan, by June 30, 2013” (hereinafter referred to as “the Defendant’s arbitrary use of KRW 250,00,000,000, and KRW 249,487,580 on February 8, 2013) from the Defendant’s bank account under the name of Korea bank, and then arbitrarily used the Defendant’s personal debt, etc. from around 27, 2013 to around 23, 2016 to 360,2816.

Summary of Evidence

1. Defendant's legal statement;

1. A suspect examination protocol of the accused by the prosecution (including the B substitute part);

1. Each police statement concerning B;

1. Application of joint project agreements, written confirmation, and statutes governing the details of passbook transactions;

1. Article 355 (1) of the Criminal Act and the choice of imprisonment with prison labor concerning the crime;

1. Article 62 of the Criminal Act:

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