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(영문) 부산지방법원 2013.05.07 2013고단1419

횡령등

Text

A defendant shall be punished by imprisonment for six 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 September 2, 2012, the Defendant: “Around September 2, 2012, the Defendant leased only one month a vehicle that reduces KRW 1,00,000 to the victim D; (d) and embezzled by selling at his/her own discretion 3,50,000 won to the victim D, who was introduced from the F, in the vicinity of the Geumcheon-gu Busan Fridong Police Station located in Fri-gu, Busan; and (e) he/she leased from the victim one vehicle at the market price of KRW 12,00,000,000,000,000,000 from the victim.”

2. On September 2, 2012, the Defendant, without obtaining a driver’s license, driven the said SM7 car in a several km section from the Do of the head of Busan Jindong-dong, Busan, to the front of the modern apartment located in the same area.

Summary of Evidence

1. Defendant's legal statement;

1. Statement D in the police interrogation protocol of the accused;

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, Article 355 (1) of the Criminal Act, Article 152 subparagraph 1 of the Road Traffic Act, Article 43 of the Road Traffic Act, and the choice of imprisonment without prison labor;

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 (Consideration to the agreement with the victim, reflective points, etc.);