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(영문) 인천지방법원 2015.11.12 2015고단6007
횡령
Text

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

Reasons

Punishment of the crime

The Defendant, who was entrusted with the sale of passenger cars by A and the victim G, conspired to embezzled the sale price.

On March 25, 2015, the Defendant sold IK (K) 5 passenger car storage to 20,500,000 won from the victim and kept the said passenger car delivery at H in Suwon-si, Suwon-si, Suwon-si, 2015.

During that, after selling the said car to K Trading Co., Ltd. located in the building JJ in the same day and being transferred the sales proceeds of KRW 1,846,00,000 to the new bank account in the name of A, the Defendant consumed the amount of KRW 1,185,00 among them as personal debt repayment, etc., and embezzled the remainder of KRW 610,000 by voluntarily consumed for personal use by A.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol against A;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to a report on investigation;

1. Relevant legal provisions on criminal facts, Articles 355(1) and 30 of the Criminal Act on the selection of punishment, the reasons for sentencing of sentence [decision of type] EmbezzlementThe basic area of embezzlement and breach of trust / [decision of the recommended area] : April to 1st April of imprisonment : where the mitigated element is not occupational embezzlement and breach of trust - where the mitigated element is not occupational embezzlement and breach of trust : In the case of embezzlement - (whether suspended execution is suspended or not] - Where the principal reasons for principal participation - where the positive loss is considerably small (where the amount of damage not recovered last is less than 20 million won): Where the positive loss is considerably small (where the amount of damage not recovered last): there is no effort to recover negative damage - there is no criminal conviction above the suspension of execution: The defendant committed the crime in this case, leading by gathering opinions on the terms and conditions of transactions, such as the victim, sales amount, term of sale, etc. (decision of sentence]

The Defendant thought from the beginning that the sales proceeds of the instant vehicle would be arbitrarily used, and it is difficult to purchase the instant vehicle with KRW 20,500,000.

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