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(영문) 수원지방법원 2014.05.28 2014고단1717
횡령
Text

A defendant shall be punished by imprisonment for six 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

In creating the victim B, the defendant has lent the name of the defendant in the name of the defendant, and the victim has kept the construction price of the victim in the passbook (D) in the name of the defendant.

On January 31, 2013, while the Defendant kept the amount of KRW 51,00,000 for the victim’s construction cost deposited in the passbook of the above community credit cooperatives under the name of the Defendant for the victim, the Defendant reported the loss of the passbook at the Seongbuk-dong branch of the community credit cooperatives in Sungnam-nam and embezzled by withdrawing the said amount and using it for personal purposes, such as living expenses and debt repayment.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol protocol law to B

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

1. The reason for sentencing under Article 62(1) of the Criminal Act (hereinafter referred to as the “the reason for sentencing”)

1. Scope of applicable sentences under law: One month to five years; and

2. Scope of the sentencing guidelines for sentencing [decision of types] the group of embezzlement crimes-10 million won or less [the scope of the sentencing guidelines and the scope of the sentencing guidelines] mitigated area (one month or October of imprisonment): A person who is subject to special mitigation: A person not subject to punishment;

3. Determination of sentence shall be made in the same manner as the order in consideration of the fact that the accused in the decision of sentence has divided wrongs and that the accused has agreed smoothly with the victim, etc.

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