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(영문) 대전지방법원 2015.11.12 2015고단3109
횡령
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 29, 2012, the Defendant received a request from F to grant the victim E a BMW car and its key, which is the victim’s ownership, from F, delegated to the victim E, and to lend money as security for the said car.

The Defendant embezzled the above money by consuming the money for personal use, such as Internet gambling funds, etc. around the same day while leaving the said passenger car to G as security at the World Cup stadium parking lot in Daejeon-dong 270, Daejeon-gu, Daejeon-dong, and receiving KRW 10 million from H’s account.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol concerning F and G;

1. Statement of the police officer to I;

1. A complaint, lease contract, deposit slip, and power of attorney;

1. Application of Acts and subordinate statutes concerning specification of transactions;

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

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [Scope of Recommendation] The following factors are taken into account: (a) the crime of embezzlement and breach of trust; (b) the first category; (c) the basic area of imprisonment; (d) April to April 1; (e) the amount of damage and the degree of damage; (e) the motive and circumstance leading to the crime; (b) the motive and background leading to the crime; (c) the Defendant’

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