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(영문) 수원지방법원 성남지원 2018.06.26 2018고단816
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

The Defendant received transfer of the amount of KRW 17 million in the corporate bank account (C) in the name of the company bank account (C) in which the Defendant had operated by the Defendant from the public mediation, and KRW 18.7 million in total on May 9, 2016 for the victim, and kept for the victim, the Defendant voluntarily withdrawn the said money from the corporate bank bordering point in Gwangju City as of May 2016, and from the company bank office in the name of the company bank bank account (C) in the name of the Defendant, which was operated by the Defendant, and used the said money for living expenses, etc.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to inquire about the authenticity and details of transactions;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing conditions indicated in the records, such as the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, shall be determined as ordered in consideration of the reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act and other circumstances of sentencing as stated in the records.

The fact that the damage has not been compensated at all is recognized as a mistake and against it, and there is no record of crime exceeding the fine.

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