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(영문) 춘천지방법원 강릉지원 2013.08.21 2013고단155

횡령

Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant pays 66,00,000 won to an applicant for compensation.

Reasons

Punishment of the crime

[criminal power] On July 18, 2012, the Defendant was sentenced to a suspended sentence of 2 years for criminal fraud at the Gangnam Branch of the Chuncheon District Court, which was sentenced to a suspended sentence of 8 months for fraud, and the said judgment became final and conclusive on July 26, 2012.

【Criminal Facts】

On September 25, 2010, the Defendant: (a) imported directly from the owner of a ship of Russian nationality of the victim C and Russia in the E office of the Defendant’s operation of the Defendant on the D2nd floor in the East Sea; and (b) agreed to distribute the profits from the imported goods to the domestic sales.

Pursuant to the above agreement, the Defendant received a total of KRW 20 million from the victim on the same day as the purchase price, and USD 40,000 ($ 46,960,000) around September 29, 2010, and embezzled the victim’s property by voluntarily consuming it for the payment of his/her personal obligation, such as vessel charterage and seafarer’s wages, without using it for its intended purpose around that time, while he/she was in custody for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning C and F;

1. A suspect's self-written confirmation;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (attached to the same criminal records and suspect interrogation records of the prosecution), and application of Acts and subordinate statutes to investigation reports (verification reports of the fixed date of punishment);

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reason for sentencing under Articles 25(1) and 31(1) and (3) of the Act on Special Cases Concerning the Promotion, etc. of Compensation Orders and Provisional Execution Proceedings (hereinafter “Special Cases Concerning Compensation Orders”) was that the Defendant received funds by specifying the purpose of using the funds as the purchase price from the victim. If the Defendant failed to purchase the funds by proxy, the Defendant embezzled the funds by not returning the funds to the victim, despite the fact that the funds were not returned to the victim, but paying the funds by the ship charterage and seafarer’s wages, etc., and the amount embezzled is not large, and the damage of