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(영문) 대구지방법원 김천지원 2014.04.16 2013고단1854
횡령
Text

A defendant shall be punished by imprisonment for six months.

However, 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

1. Around July 20, 2011, the Defendant introduced the Defendant to the Victim B, as a thing for a lease contract, the Ulsan-gun C Apartment 1st floor 207, Ulsan-gun, Ulsan-gun, the first floor, was requested by the victim to mediate the lease contract of the above apartment. On the same day, the Defendant received 2 million won from the victim from the D office located in Ri to the new bank account (Account Number: E) in the name of the Defendant’s name and kept the said money for the victim. On the same day, the Defendant transferred the said money to the company bank account of the Defendant’s HF and used the said money arbitrarily to G creditors in the name of the Defendant’s personal debt repayment on the credit union front of the credit union located in the same Eup/Myeon-ri, the same Eup/Myeon as at the end of July 2011.

Accordingly, the defendant embezzled the victim's property.

2. On October 21, 201, the Defendant introduced the site of Ulsan-gun, Ulsan-gun, a site for the extension of the workplace to the victim B, and then requested the mediation of the site contract from the victim. On October 25, 2013, the Defendant was transferred from the victim to the new cooperation account (Account Number: E) account in the name of the Defendant and kept the said money for the victim. On October 25, 201, the Defendant used the records of investigation as to the portion of the charges additionally stated in addition to the charges by transferring the said KRW 19 million out of the total amount of KRW 20 million to the creditor as the personal debt of the Defendant from the credit union located in the Seodaemun-gu, Ulsan-gu, Ulsan-gu, Ulsan-gu, Ulsan-gu, Ulsan-gu, U.S., to the creditor as the personal debt of the Defendant.

Accordingly, the defendant embezzled the victim's property.

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, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order (the decision of type) is to determine the recommended area of less than 10 million won.

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