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(영문) 부산지방법원 2015.07.23 2015고단1583

횡령

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

Madern 2015 Madern 1583

1. On September 1, 2014, the Defendant received a request from the Victim D to sell the E-Shalog New Fence Vehicle for KRW 14 million owned by the Victim at the victim D’s residence located in Busan-gun, Busan-gun.

On October 6, 2014, the Defendant sold the above vehicle to G from the F located in the Busan annual Gu in Busan, and received KRW 12.6 million and embezzled it for the victim, using it at will as the Defendant’s debt repayment.

Madern 2015 Madle205

2. On October 18, 2014, the Defendant received a request from the victim J to sell KYF rocketing car owned by the victim for KRW 16 million at the I office located in Busan BY.

Around October 21, 2014, the Defendant sold the foregoing vehicle to L, and received KRW 13 million from L and embezzled by arbitrarily using it as the name of the Defendant’s debt repayment.

815 highestest 3815

3. On October 17, 2014, the Defendant sold the said vehicle and embezzled the said vehicle for personal purposes while being kept in custody for the victim, after being requested from the victim M to sell the NM vehicle located in the Busan Annual Zone H, Busan, and then by using the said vehicle for personal purposes.

Summary of Evidence

Madern 2015 Madern 1583

1. Statement by the defendant in court;

1. Statement of the police officer concerning theO;

1. The register of automobiles: < Amended by Presidential Decree No. 26590, Dec. 205>

1. Statement by the defendant in court;

1. Statement of the police about P;

1. A complaint; < Amended by Act No. 13555, Mar. 15, 2015>

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the police statement of M;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Among concurrent offenders, there is no basic area [a person who has been specially punished] [a person [a person who has been sentenced] in the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act [a person who has been subject to a suspended sentence] [a person who has been subject to a suspended sentence] of Article 38(1)2 and Article 50 of the Criminal Act.