beta
(영문) 부산지방법원 동부지원 2013.05.15 2012고단4115

횡령

Text

1. The defendant shall be punished by imprisonment for six months;

2.Provided, That the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person living together with the victim D.

around 19:00 on January 29, 2012, the Defendant, at the entrance of the Busan Urban Complex, embezzled the said car at a price equivalent to 47 million won at the market price as of April 7, 2010 as of April 7, 2010, when the Defendant transferred the FMW car, which was leased from IMW car Korea, to IMW car for the victim, and kept it for the victim, and then arbitrarily transferred it to G for the personal liability of the Defendant, at around 20:0 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statute on the statement of D;

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

1. Selection of imprisonment with prison labor chosen;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act, such as the fact that the defendant was living together, the vehicle appears to have been recovered,

1. Social service order under Article 62-2 of the Criminal Act;

1. Article 32 (1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation (which is unreasonable to issue an order of compensation as the scope of liability for compensation is unclear);