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(영문) 서울중앙지방법원 2013.10.08 2012고단3416

횡령등

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

(2012No 3416) The Defendant, as a motor vehicle maintenance businessman, was requested to repair the Gsch Rexroth car owned by the victim C on December 3, 201, from the week E in the king-si of Gyeonggi-si, 201.

On March 31, 2012, the Defendant embezzled the said car by arbitrarily offering it in order to secure the Defendant’s obligation to (ju) Hahhhys and Mahys in the Dong-si of Gyeonggi-do.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of the Acts and subordinate statutes of the Letter of Payment

1. Relevant provisions of criminal facts: Article 355 (1) of the Criminal Act;

1. Suspension of execution: Article 62 (1) of the Criminal Act (Article 62 (1) (Article 62 (1) of the Criminal Act (Article 62 (1) (Article 62 (1) does not recover from damage, but does not seem to have first been provided as security by the defendant, and the defendant has

1. Community service order: Article 62-2 of the Criminal Act;

1. Dismissal of an application for compensation order: Articles 32 (1) and (2), and 25 (3) 3 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (the value of a Bosch Rexroth car, i.e., the scope of liability for damages is not clear);

1. The recommended sentence according to the sentencing guidelines of the Supreme Court: The basic area among types 1 of fraud and embezzlement, the portion of not guilty in four months from imprisonment to one year and six months (200 group 621);

1. Fraud;

A. On March 23, 2012, the summary of the facts charged stated that “The Defendant would transfer the purchase fund and the repair cost to the victim within one month after purchasing and repairing the said vehicle on one’s own.”

However, in fact, even if the Defendant received money from the victim as the above purchase fund and repair expense because the financial rights debt, etc. at the time reached and was operated, the Defendant purchased the vehicle under the victim’s name, but used the money as the repair expense for the personal purpose, such as the above HH operating expenses and living expenses.