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(영문) 대전지방법원 2014.04.30 2013고단4856
횡령
Text

A defendant shall be punished by imprisonment for not more than ten 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

On September 7, 2004, the defendant purchased and developed real estate with the victim C, and entered into a partnership business agreement on real estate development projects to sell them in lots, and completed the registration of ownership transfer under the name of the defendant and the defendant's sentence after completing the registration of ownership transfer under the name of the J, the defendant and the defendant's imprisonment, the defendant applied for a refund loan for the loans that he had been financed to the existing partner without consultation with the victim when there is dispute with the victim about liquidation and settlement of the partnership business relationship, business continuity, etc., while applying for a refund loan for the loans that he had been financed to the existing partner without consultation with the victim, and some of the loans have been collected from the defendant first, and the defendant has been charged with the amount equivalent to 150 million won of the existing loan for personal purpose.

On December 12, 2011, the Defendant applied for a loan of KRW 150,00,000,000,000 for capital for the existing partnership business from the Kacheon-gun, Macheon-gun, Macheon-gun, Macheon-gun, the Defendant offered as security the above real estate for the same partnership business (Da, E, E, F, G, H, I, and I) under custody for the victim, and applied only 150,000,000 won out of the amount of the loan as above to the repayment of the existing partner loan, and embezzled the above real estate by using the personal debt and the name of the Defendant’s investment collection, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Statement of the police statement regarding C;

1. All the matters to be registered;

1. C Complaints;

1. Application of Acts and subordinate statutes to the details of transactions, the ledger of loans, the details of loans, and the ledger of loans;

1. Article 355 (1) of the Criminal Act applicable to the crimes;

1. The reason for sentencing under Article 62(1) of the Criminal Act is that the defendant has no record of being punished as a sentence, and a significant portion of the money additionally loaned (10 million won) is the victim.

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