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(영문) 대구지방법원 안동지원 2016.04.26 2015고단684
횡령등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. The Defendant, while proceeding with the studio construction in Ansan-si B and the same Si C, etc. from around 14:00 on April 5, 2013 to around 27, 2013, the Defendant refused to return the said construction materials without justifiable grounds, even when the Defendant leased construction materials equivalent to the total market price of 25,94,080 won, such as water pumps, from the victim F who engages in construction materials leasing business in Daegu-gun-gun D from around 14:0 on April 5, 2013 to around 27 of the same month.

2. On August 24, 2015, at around 19:00 on August 24, 2015, the Defendant: (a) operated G Posing freight vehicles from the national highways No. 5, G Posing to permanent residence; and (b) changed the vehicle line rapidly in the future of the passenger car driven by the victim H; (c) changed the vehicle line; and (d) the victim’s behavior resisting to mosing to mosing by raising the vehicle level.

Accordingly, the defendant, immediately after driving the above cargo vehicle between several minutes of the vehicle, was suddenly stopped in the future, and the defendant continued from the side to the two-lanes of the above vehicle which is in the first lane, and was trying to avoid the above vehicle by pushing the vehicle to the wheel day installed on the central line, and thereby threatening the victim by using the above cargo, which is a dangerous object, such as the damage of the above vehicle to the victim, and at the same time, damaged the above vehicle owned by the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement statement with F and H, each complaint;

1. A copy of a letter of payment, or a copy of lease fee;

1. Application of Acts and subordinate statutes to a report on investigation (Scambling and video materials);

1. Article 355 (1), Article 369 (1), Article 366, Article 284, and Article 283 (1) of the Criminal Act concerning the facts constituting an offense (a point of intimidation to carry dangerous articles);

1.Article 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the crime of special intimidation and the crime of destruction of special property);

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