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(영문) 의정부지방법원 2016.08.12 2016고단607

업무상횡령

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 13, 2015, the Defendant was sentenced to a suspended sentence of four months for a violation of the Automobile Management Act at the Seoul Central District Court, and the judgment became final and conclusive on the 21st day of the same month.

The defendant has been engaged in the business of purchase or consignment of used cars as a person mediating the sale of used cars.

Around January 15, 2014, the Defendant embezzled the said dice car at the market price of the Defendant’s used vehicle market operated by Dongdaemun-gu Seoul, Seoul, for the victim upon the request of the victim D to sell the dice car one, and the dice car one, which was kept for the victim. On July 30, 2014, the Defendant embezzled the dice car at the market price around August 2015, by transferring the dice car at the price of KRW 3,500,000 to F without any specific consideration.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made in the police statement protocol with D;

1. Each entry and video of a criminal investigation report (Attachment of data), photograph, investigation report (Binding of the original register of motor vehicle registration);

1. Previous convictions in the judgment: Application of Acts and subordinate statutes, such as the defendant's legal statement, the results of the case and the search of the text of the judgment of the court, investigation report (in addition to the copy of indictment and the text of the judgment, the summary order attached), indictment, written judgment, summary order

1. Relevant legal provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning the choice of criminal facts;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That the first sentence of Article 39 (1) shall be applicable;

1. Reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the following reasons for sentencing) (the sentencing criteria shall not apply since there are concurrent crimes after Article 37 of the Criminal Act)

Taking into account the following circumstances: (a) the confession of a crime by a criminal defendant is against the law; (b) the health status is not good; (c) the repayment of KRW 4.5 million to the victim; (d) the suspension of execution is finalized on July 13, 2015 by imprisonment with prison labor for a period of one year for the violation of the Automobile Management Act; and (e) the equity between the case and the case for