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(영문) 수원지방법원 안산지원 2017.06.15 2017고단633
횡령
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 30, 2009, on behalf of the victim E, the Defendant was a real estate brokerage assistant, and C and his wife D purchased the ownership transfer registration under the name of the victim E on June 16 of the same year on behalf of the victim E on behalf of the Defendant, and completed the ownership transfer registration on behalf of the victim E.

From the time when the above C et al. purchased the above lending, the defendant was entrusted with the above lending lease contract, management, etc. and was in charge of the receipt and payment of the lease deposit.

Around September 28, 2010, the Defendant entered into a lease contract with I to the effect that “H Authorized Brokerage Agent” located in Bupyeong-gu Incheon Metropolitan City (hereinafter “J”) and “I shall lease the above loan from E as a deposit amount of KRW 45 million from the lessor during the period from October 27, 2010 to October 26, 2012” and “I shall lease the loan as a deposit amount of KRW 45 million,00,000,000,000 from I on the same day, and received the down payment of KRW 4,50,000,000,000 from I on October 16 of the same year, and stored for the victim, the Defendant paid the deposit of KRW 5,00,000,000,000,000,000,000,000 won for the above loan to foreigners, including “J,” and embezzled it as the Defendant’s debt and consumption.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A written confirmation;

1. A certified copy of the register, a copy of passbook or contract;

1. Details of transactions and copies of bankbooks;

1. A certified copy of the register and details of banking transactions;

1. Details of transactions of bankbooks and written confirmation;

1. Data sent by banks, etc.;

1. Application of Acts and subordinate statutes to investigation reports (141 pages of evidence records), investigation reports (142 pages of evidence records), investigation reports ( execution of search warrant), investigation reports ( listening to statements by complainants), investigation reports (to hearing reports by complainants), investigation reports (to hearing reports by complainants) and reporting (to hearing reports by tenants of witness records);

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 of the Criminal Act concerning the choice of punishment;

1. Article 62(1) of the Criminal Code of the Suspension of Execution (the grounds for the following sentencing)

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