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(영문) 대전지방법원 2013.12.19 2013고단3809

횡령

Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment with prison labor for one year.

except that, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendants are drivers of bitler vehicles.

Defendant

B The victim D, who operates the transportation company C, talked that he will do work using the victim's vehicle, Ebenzros, which is a vehicle owned by the victim, and when he was in custody of the above Troper, the money for gambling was needed as a result of the loss of money. As such, the above F borrowed money with Defendant A and F (the suspension of indictment on the same day) known to the victim, together with Defendant A and F (the suspension of indictment on the same day) who was in his knowledge, used the victim's personal seal impression in order to conduct the public sale of the separate vehicle owned by the victim, to lend the above Trop to another person.

At around 13:00 on February 23, 2013, the Defendants conspired with the above F and transferred the said Trick vehicle to H by contact with G and H, an employee on the sale of an automobile in which he was known to the general public. Defendant B and F transferred the said Trick vehicle at KRW 25 million after receiving KRW 25 million from H.

Accordingly, the Defendants, in collusion with the above F, transferred 25 million won at will while keeping the victim's trele in custody in the market value of 130 million won or more for the victim, and embezzled it.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement concerning D, I, H, and G;

1. Application of Acts and subordinate statutes on police seizure records;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense, Article 355 (1) of the Criminal Act concerning the selection of punishment, and Article 30 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (including the fact that the defendant B only agrees with the victim and the fact that the degree of participation is relatively minor in the case of the defendant A);

1. Probation and community service order shall be judged as ordered for the reason of not less than Article 62-2 of the Criminal Act;