logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2017.04.13 2016고정2403
횡령
Text

Defendant

A A shall be punished by a fine of one million won, and Defendant B shall be punished by a fine of seven hundred thousand won.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A was sentenced to one year of imprisonment for fraud at the Seoul Northern District Court on August 17, 2016, and the judgment became final and conclusive on October 24, 2016.

Defendant

B On September 21, 2016, the Seoul Northern District Court was sentenced to imprisonment with prison labor and one year and six months for fraud, and the judgment became final and conclusive on January 21, 2017.

Defendant

B at the house of Defendant A, located in Gangnam-gu Seoul, Gangnam-gu, and 150 Dong 1303, on July 26, 2014, concluded an installment contract with the payment of KRW 50,710 per month for 36 months for one LG Nowon-gu, which was provided by the victim G Co., Ltd. when applying for Internet access to the mobile phone (F) in the name of Defendant A, and installed the said Nohbuk-gu at the house of Defendant A on July 30, 2014.

The Defendants: (a) were unable to pay the rental fee more than twice, and the rental contract was terminated; and (b) did not return the said rental fee to the victim and kept it for the victim; (c) on January 2015, the Defendants embezzled 1,796,240 won of the market price of the victim’s ownership, by borrowing KRW 300,000 from the Hallpo Office located near H I Station located near the GI Station located in Gangseo-gu Seoul Metropolitan Government, and offered the rental fee as security; and (d) did not repay the rental fee.

Accordingly, the Defendants conspired and embezzled the victim's property.

Summary of Evidence

[Defendant A]

1. Protocols of examination of witnesses concerning B of this court;

1. Statement made to K in the police statement;

1. Written application for consent to smart siren and demand for the return of equipment;

1. Previous convictions in the judgment: the text and case search [Defendant B] of the judgment;

1. Statement by the defendant in court;

1. A suspect interrogation protocol for each police officer (referring to the person on March 24, 2016, April 1, 2016);

1. Statement made to K in the police statement;

1. Written application for consent to smart siren and demand for the return of equipment;

1. Previous convictions: Application of text of judgment and case search Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Articles 355 (1) and 30 of the Criminal Act concerning the selection of punishment for a crime;

1. The latter part of Article 37 of the Criminal Code for the treatment of concurrent crimes:

arrow