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(영문) 수원지방법원 2017.08.17 2016고단7871

횡령

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

The defendant is a person who has operated C in Pyeongtaek-si trading company in Pyeongtaek-si B.

Around March 2014, the Defendant sold a second kicker in KRW 31,50,000 to the victim D, and the victim received a loan from the non-SP Capital Co., Ltd. for 36 months.

On April 10, 2014, at around 14:02, the Defendant received KRW 20 million in total from the Defendant to the Agricultural Cooperative account in the name of the Defendant E in the name of the Defendant, upon the Defendant’s request from the victimized Party C to pay a lump sum of loans to NonS Capital Co., Ltd.

On April 10, 2014, the Defendant, while keeping the above money for the victim, purchased FY vehicles from F in Jeonju-si from F on April 10, 201, and embezzled FY vehicles on his own under the pretext of the payment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made D in the second examination protocol of the suspect against the accused during the police investigation protocol;

1. Statement made by the police against D;

1. Investigation report (related to F currency);

1. Application of Acts and subordinate statutes, such as a detailed statement of deposit transactions (E and G) as a result of the transfer management by deposit account;

1. Relevant legal provisions on criminal facts, Article 355(1) of the Criminal Act on the selection of punishment, grounds for sentencing of imprisonment [the scope of recommending punishment] Type 1 (less than KRW 100 million) in the basic area (from April to January 1): [the scope of sentence comparison with recommended punishment] that has no special sentencing person]: April to April 1: April 1; [Pronouncement Decision] - There is no effort to recover damage or recover damage that is disadvantageous to the defendant. There is no previous conviction sentenced to a fine for fraud. There is no previous conviction sentenced to a punishment for fraud. - The normal circumstances favorable to the defendant are recognized and there is no previous conviction subject to a suspended sentence. - The amount of damage, including the Defendant’s age, sex, criminal conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., all the factors subject to sentencing prescribed in Article 51 of the Criminal Act, including the amount of damage, are combined.