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(영문) 서울서부지방법원 2016.01.27 2015고단2015
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 26, 2014, the Defendant requested from 11 members of the workplace club, B, etc., to “to inquire about the place of receiving money,” and introduced the victim C, known to the above workplace club members, to the creditor, and arranged to enter into a monetary consumption lending contract under the condition that the interest of 10% of the principal amount is paid between the above workplace club members and the victim, and the victim transferred the loan of KRW 7,1750,000 in total to the above 11 accounts from December 26, 2014 to January 29, 2015.

On January 2015, the Defendant is the money to be repaid to the obligee C from the above workplace fellows.

It was transferred 2,7150,000 won to the effect that “A substitute for delivery to the creditor,” and was in custody for the victim, and used for the purpose of personal debt repayment, etc. around that time.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on transactions of passbooks;

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. The reason for sentencing under Article 62(1) of the Criminal Act (i.e., the confession and reflect of the defendant, and the fact that the defendant has no record of being punished in the same kind) of the Act on the Suspension of Execution [the scope of recommended punishment] The basic area (i.e., the period from April to January 100) / [decision of sentence] the method and method of crime, the amount of damage, the relationship between the defendant and the victim, the circumstances after the crime, the criminal records of the defendant, etc. shall be comprehensively considered.

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