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(영문) 수원지방법원 2021.02.04 2020고단5689
횡령
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who serves as the head of the office of the attorney-at-law office B and has performed the duties of the client.

1. On January 8, 2018, the Defendant received 95,000,000 won from the victim’s office located in Seocho-gu Seoul Metropolitan Government D’s office as the deposit money for the related case.

On January 12, 2018, the Defendant deposited KRW 90,000,000, out of KRW 95,000,000 on the said check to the Defendant’s corporate bank account (E) and used KRW 500,000 for personal purposes, such as living expenses, etc. around August 4, 2018, and used KRW 21,80,000 in total over 21 times from around that time until November 11, 2018, such as the weather table (1) in attached Form 21.

Accordingly, the defendant embezzled the victim's property.

2. On August 25, 2014, the Defendant received a request from the injured party’s office at the said B attorney-at-law office to receive deposit money on behalf of the injured party, and the F Corporation decided to receive money deposited by the injured party’s spouse G as his/her principal.

around September 5, 2014, the Defendant received the total amount of KRW 76,891,563 on behalf of G from the deposit officer of the Seoul Central District Court to the H bank account (I) in the name of the Defendant and stored for the victim. On September 5, 2014, the Defendant consumed KRW 500,000 for personal purposes, such as living expenses, etc. around September 5, 2014, and used KRW 75,120,000 in total over 70 times from around that time until December 20, 2014, such as the weather table (2) in attached Form 70.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the police to J;

1. A full certificate of registered matters, a real estate transaction contract, a written application for payment of deposit money, a money deposit, a decision not to accept an application for deposit, a statement of passbook transaction, a request for withdrawal of deposit money, a statement of account settlement, a statement of account settlement, a statement of account transaction, a statement of account transaction, and a statement of receipt of deposit money [the defendant and his defense counsel].

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