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(영문) 부산지방법원 2013.08.23 2013고단1047
횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 15, 2013, the defendant was sentenced to imprisonment with prison labor for a crime of fraud at the Busan District Court for the same year.

3. 23. A person whose judgment has become final and conclusive is the actual representative and potential director of Busan District Co., Ltd.

On February 2, 2011, the Defendant decided to lease the “G” sand dredging line with the market price of KRW 100,000,000,000 per month owned by the victim and kept it for the victim. On March 17, 2011, the Defendant borrowed KRW 30,000,000 from J, the representative of the I in the H Construction Site Office in the G Construction Site Office in Gyeonggi-do, Chungcheongnam-gu, Seoul Special Metropolitan City, and then arbitrarily sold and acquired the said “G” as a collateral for the said borrowed amount from the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness F, K and J;

1. A protocol concerning the examination of the accused by the prosecution (including theF statement);

1. A certificate of ship's nationality, an appraisal certificate, and a ship sales contract;

1. Previous convictions in judgment: Application of criminal records and investigation reports (report on the results of confirmation before and after disposition, and attachment of judgment);

1. Article 355 (1) of the Criminal Act, the choice of applicable law and punishment concerning the facts constituting a crime, and the choice of imprisonment;

1. It is so decided as per Disposition on the grounds of the latter part of Article 37 and Article 39(1) of the Criminal Act concerning concurrent crimes;

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