beta
(영문) 울산지방법원 2015.08.20 2015고단1483

횡령등

Text

A defendant shall be punished by imprisonment with prison labor for four 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

[Criminal Power] On May 7, 2015, the Defendant was sentenced to ten months of imprisonment with prison labor for gambling opening at the Ulsan District Court, and the said judgment became final and conclusive on July 24, 2015.

【Criminal Facts】

The Defendant, taking advantage of the circumstances in which C is in custody of Fsch Rexroth (30 million won at the market price) owned by C in E (State), offered to lend money to C as security and to invest the said money in private sports entertainment business.

1. On April 2014, the Defendant made a false statement with C, stating, “The Defendant would sell two copies of the certificate of seal imprint to the Defendant, on the face of the week, as the shower part of the certificate.”

However, in fact, the defendant had the intent to use the certificate of the personal seal impression when lending money to the bonds company by providing the above hedging part as security to the bonds company.

The Defendant deceptioned the victim as above and obtained two copies of the victim’s personal seal impression from the victim around that time.

2. On April 2014, the Defendant, along with C, provided the foregoing payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the payment of the

Summary of Evidence

1. Defendant's legal statement;

1. Examination of suspect suspect of C or D by the prosecution;

1. Statement made to D by the police;

1. The register of automobile, registration certificate, entrustment contract and business registration certificate;

1. Previous convictions in judgment: The application of Acts and subordinate statutes concerning criminal records, investigation and prosecution;

1. Relevant Article 347(1) and Article 30 of the Criminal Act, Articles 355(1) and 30 of the Criminal Act, Articles 355(1) and 30 of the Criminal Act, the choice of imprisonment for a crime

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

1. Of concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act are set forth in the first crime (Fraud).