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(영문) 창원지방법원 통영지원 2014.05.15 2014고단176
횡령
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On January 12, 201, the Defendant was sentenced to a suspended sentence of 10 months for larceny, etc. at the Busan District Court, but on November 17, 201, the Defendant was sentenced to a suspended sentence of 4 months for the same offense, etc. at the same court, and on November 21, 201, the suspended sentence became effective due to the confirmation of the sentence, and the execution of the sentence was terminated at the Busan Detention House on July 27, 2012.

In addition, on March 7, 2014, the Defendant was sentenced to one year of imprisonment with prison labor for occupational embezzlement, etc. in the Changwon District Court’s branch branch branch on March 7, 201, and filed a summary appeal on March 10, 2014, but the said judgment became final and conclusive upon withdrawal of a summary appeal on March 24, 2014.

On January 5, 2014, the defendant was temporarily delivered and received from the "E for the operation of the victim D' in the Busan Song-gu C".

At around 21:00 on January 5, 2014, the Defendant: (a) started to deliver f.i.e., F., the market price of the victim’s possession, 1.8 million won; (b) received KRW 70,000 from the above f.i.e., “F. E.,” and kept the victim for the sake of the victim after having got the above 70,000 won from the place near the above f.e., the Defendant used the above f., O.b. as a stop for an academic bus terminal located in the Busan Sho-gu; and (c) used the said 70,00

Accordingly, the Defendant embezzled Oba and cash 70,000 won owned by the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Investigation report (F-to-land price verification);

1. Application of Acts and subordinate statutes to criminal records, investigation reports, three copies of decisions, one copy of confinement information inquiry, investigation reports, court rulings, search and outputs of cases by the Supreme Court, and other Acts and subordinate statutes;

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. Article 35 of the Criminal Act among repeated offenders (see, e.g., Supreme Court Decision 2006Da12488

1. The crime of the latter part of Articles 37 and 39(1) of the Criminal Act and the crime of occupational embezzlement for which judgment has become final and conclusive.

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