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(영문) 수원지방법원 2014.08.25 2013고단6440

횡령등

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The Defendant embling embezzlement PC from the victim C to KRW 140,00 per month. From August 1, 2012 to August 16, 2012, the Defendant embezzled approximately KRW 11,40,000 by means of not returning the victim’s demand.

2. The Defendant’s fraud without intention or ability to return, even if she borrowed the Nowon-North PC:

(a) From October 3, 2013, the victim D, who falsely speaks that “The four North Korean Dos will be used and returned for 10,000 won to the 2.80,000 won rental fees,” was received from the victim four North Korean street equivalent to KRW 2,570,00,00 from the victim.”

B. On October 3, 2013, at the F office located in Pyeongtaek-si E, around 20:00, the victim G by stating that “The three ot North Korea lending three shall be used and returned for 10,000 won” was obtained from the victim, i.e., the three ot North Korea units from the victim, i.e., the market price of which was 2,360,000 won.”

Summary of Evidence

1. Each protocol concerning the examination of the suspect against the defendant;

1. Each police statement related to C, D, and G;

1. Application of Acts and subordinate statutes of each contract;

1. The point of embezzlement of relevant legal provisions concerning criminal facts: Article 355 (1) of the Criminal Act; Article 347 (1) of the Criminal Act;

1. Selection of each sentence of imprisonment;

1. From among concurrent crimes, the scope of the final sentence due to the aggravation of multiple crimes for which there are no basic fields (Embezzlements and Misappropriation) [the scope of the punishment in six to one year] and the basic fields (Embezzlements and Breach of Trust) [the scope of the punishment in a special form] of crimes (Embezzlements and Breach of Trust) [the scope of the punishment in a special form] [4 to one year] and four months] of the basic fields (one hundred million won) [the scope of the punishment in a special form] of crimes under the former part of Article 37, Article 38(1)2, Article 50 and the proviso of Article 42 of the Criminal Act: The scope of the comparative sentence between six to two years: June 2 and February 2 [the decision of the sentence] of the sentencing guidelines set forth in the sentencing guidelines, and six months and six months and six months and six months, respectively.