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(영문) 대구지방법원 2014.12.11 2014고단5288

횡령

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who operated “D”, which is a shop selling high art products, in Daegu-gu, and was entrusted with the sale of high art products.

The defendant, around December 23, 1996, sold 2 points of curios to others from the victim F's house located in Daegu Suwon-gu E to December 26, 1996, and if he receives more than 500 million won of curios, the excess amount shall be brought to the fee, but if it is not traded by the day, it shall be immediately returned.

"Subject to the condition, the victim's owner has been placed in custody after being more than one peri-electronic point for the filial shelter of the owner of the victim and one peri-electronic point for the owner of the consideration.

The defendant brought the above two main electronic points to D immediately, and did not sell them only after the date promised to keep them in custody for the victim, which was requested by the victim several times from December 28, 196 to January 31, 197, but rejected the return.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G, H and F;

1. Application of Acts and subordinate statutes to the custody certificate and notification of goods;

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

1. Where the reason for sentencing under Article 62 (1) of the Criminal Act in the suspended sentence [Scope of recommending punishment] Type 1 (less than KRW 100 million) is mitigated (one month to ten months), the area of mitigation (special mitigation] (special mitigation), the area of punishment is not subject to punishment, or significant damage is recovered;