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(영문) 인천지방법원 2019.05.31 2018고단9300
횡령
Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, around November 26, 2018, arranged the Victim C to trade DM6 car from “B” located in Incheon Seo-gu, Incheon, to trade DM6 car, and received KRW 22.2 million from the victim E to pay the purchase price of the vehicle from the owner of the vehicle to the owner of the vehicle by receiving 2.2 million won from the account in the name of the Defendant, and received the above loan from the account in the name of the Defendant.

While the Defendant kept the above loans on behalf of the victim, the Defendant did not pay the vehicle purchase price to the owner of the above vehicle, and around that time, embezzled the victim’s property by using at will KRW 218 million as living expenses, etc. from the place of non-place of residence.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and C;

1. A detailed statement of account transactions, a motor vehicle acceptance certificate, and an agreement on discussion;

1. Previous records: Application of criminal records, etc. and investigation reports, and Acts and subordinate statutes;

1. Relevant Article 355 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has the history of having been subject to criminal punishment and juvenile protective disposition several times due to fraud, larceny, etc., and in particular, during the repeated offense period due to embezzlement, etc., the nature of the crime of this case is heavy (the defendant is sentenced to imprisonment with prison labor of one year and six months and a fine of five hundred thousand won at the Seoul Southern District Court on August 13, 2015, and was released on July 29, 2016, and the parole period passed on September 29, 2016): Provided, That the defendant led to confession of a crime and detention for about 50 days in the instant case, and there appears to be contrary to wrongness.

The victim made a reasonable payment to the victim and the victim made a request for the wife against the defendant by agreement.

The above circumstances include the character and conduct of the defendant, family relationship, family environment, motive and means of the crime, and circumstances after the crime.

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