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(영문) 인천지방법원 2015.05.11 2015고단1326

횡령

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

(C)The Defendant is a person who exports a secondhand vehicle in the name of C or introduces a secondhand vehicle to an exporter, and the victim D is a person who engages in a business exporting a secondhand vehicle in the trade name of (E) E, and the Defendant and the victim have become aware of while engaging in the same business, such as lending a secondhand vehicle to another person.

On August 26, 2013, the Defendant, at the office of the above-mentioned D, FAB, Dong 26, Seo-gu, Incheon, called “a person who is to make an investment will move 10 vehicles to a motor vehicle front of the KAB office, and show it to an investor,” and was kept at the end of FB Dong 14, by receiving a total of 10 vehicles from the victim, such as 3 vehicles, 7 vehicles, 3 vehicles, and 10 vehicles from the victim.

On September 8, 2013, while the Defendant kept the said vehicle for the victim, he voluntarily transferred two parts of the said vehicle to H from the G parking lot in Yeonsu-gu Incheon Metropolitan City (J), and transferred three parts of the said vehicle (W, N, andO) to K at around September 25, 2013, after having received 40 million won from L from K, and transferred 3 parts of the said vehicle (W, N, andO) from G parking lot on October 1, 2013.

Accordingly, the defendant embezzled the victim's property worth 180 million won in total.

Summary of Evidence

1. Defendant's legal statement;

1. The first and second examination protocol of the accused, and the second examination of the suspect;

1. Statement by the prosecution concerning D;

1. Statement of each police statement on P and L;

1. An investigation report (Submission of data on confirmation of market price of a complainant);

1. Application of the Act and subordinate statutes to a written confirmation of the preparation of the defendant, a detailed statement of acceptance of export declaration, supply contract, special terms and conditions, and a copy

1. Relevant Article of the Criminal Act, Article 355(1) of the Criminal Act regarding criminal facts, the reason for sentencing of sentence [the scope of recommending sentence] 2 types of imprisonment (10 million won or more to 50 million won) (1 to 3 years). There is no basic field (1 to 3 years) [the decision of sentence] (the decision of sentence].