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(영문) 수원지방법원 2013.12.05 2013고단5327

횡령

Text

A defendant shall be punished by imprisonment for four months.

except that 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

1. Around February 1, 2013, the Defendant: (a) lent KRW 9 million to the victim C at a bottled store located in Sungsung-si C, and (b) was provided with D that he/she actually owns as the security of the claim by leasing KRW 9 million to the victim C; (c) around February 1, 2013.

The Defendant, as seen above, was in custody of the said passenger vehicle provided as security for the victim, transferred the said vehicle to E on February 5, 2013, and transferred the possession.

Accordingly, the Defendant embezzled the victim’s property as above.

2. Around March 5, 2013, the Defendant: (a) lent KRW 8 million to the victim F in the vicinity of the H high school located in the G in Sungsung-si; and (b) was provided with the victim’s Isch Rexroth car owned as security by the claim.

While the Defendant kept the said passenger car provided as security on behalf of the victim, the Defendant transferred the said car to J on March 10, 2013, and transferred the possession thereof.

Accordingly, the Defendant embezzled the victim’s property as above.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to C and F

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act selecting a penalty;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (including the fact that victims do not want the punishment of the accused) ;