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(영문) 전주지방법원 2013.10.10 2012고단2939

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

On May 17, 2012, the Defendant, at the Jeonju District Court, sentenced two years of suspension of the execution of imprisonment for six months due to occupational injury, and concluded to operate an leisure business with the trade name "F" in the Jeonbuk-gun E, and agreed to divide the profits from receiving investment from the victim D into half of the profits from the business.

On May 6, 2012, the Defendant: (a) around 08:00, 130 high-speed truck of 130 won (3,90,000 won); (b) 20 high-speed truck of 4,90,000 won (46,00,000 won at a market price); (c) 110 high-speed truck of 130 (1,50,000 won at a market price); (d) 130 high-speed truck of 130 (3,90,000,000 won at a market price), 30 high-speed truck of 10,000 (3,90,000,000 won at a market price); (d) 10,00 high-speed truck of 10,000 won (per 90,000,000 won at a market price); and (e) 10,30,000 high-end market price at a scale of 1.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records of disposition, results of confirmation, and confirmation of the date of release);

1. Article 329 of the Criminal Act applicable to the crimes and Article 329 of the Election of Imprisonment;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Social service order under Article 62-2 of the Criminal Act;

1. Some damage under Article 32 (1) and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits, etc. of Application for Compensation Orders, shall be recovered;