beta
(영문) 수원지방법원 안산지원 2014.07.24 2013고단2255

횡령

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 17, 2012, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Western District Court, and completed the execution of the sentence on July 5, 2012.

On December 11, 2012, the Defendant received the case at Cda in Jongno-gu Seoul Metropolitan Government, along with a request from the victim D to sell one digital store in the market value.

While the Defendant kept one electronic point in the above Cheongi Park-ju, which was received for the victim, on December 14, 2012, the Defendant solicited to borrow money from the Defendant to take it as security for E and the above Cheongi-ju.

On December 14, 2012, the Defendant and E: (a) lent KRW 10 million from G to G through G in Dong-gu, Daejeon on December 14, 2012; and (b) arbitrarily granted 10 million points to G in the above B-gu, Daejeon.

Accordingly, the defendant embezzled the victim's property in collusion with E.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. The goods photograph and the security contract;

1. Previous records: Application of criminal records and other inquiry reports, investigation reports, and Acts and subordinate statutes (verification of the same type of judgment and date of release);

1. Article 355 (1) or 30 of the Criminal Act applicable to the crimes and Articles 355 (1) or 30 of the Criminal Act;

1. In light of the fact that the defendant, for the reason of sentencing Article 35 of the Criminal Act among repeated crimes, committed the instant crime during the period of repeated crimes and had a record of punishment several times for the same crime, sentence of punishment is inevitable.

However, the fact that the defendant is against the defendant, deposited 15,00,000 won for the victim, and the punishment shall be determined as ordered in consideration of all the conditions of sentencing, such as the background of the crime in this case, the age, character and conduct of the defendant, and environment.