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(영문) 창원지방법원 진주지원 2018.02.27 2017고단661
횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On February 4, 2016, the Defendant was sentenced to two years of imprisonment for fraud at the Changwon District Court, and the said judgment became final and conclusive on February 18, 2016.

[2] The Defendant: (a) received a request from the Defendant to the effect that “I have no place for piling up the scrap metal; (b) I have to keep the said scrap metal in the house of his husband and wife from around December 2006; and (c) had the Defendant’s her son and wife D’s 20 tons of scrap metal owned B at the house of his her her son and wife in his son and wife; and (d) thereafter, on March 5, 2008, the Defendant was succeeded to 20 tons of the said scrap metal by the victim E, F, and G upon death of his her her son and wife.

While the Defendant kept 20 tons of the said scrap metal for the victims, at the home of D around November 17, 2012, he/she arbitrarily disposed of 24 million won to the said scrap metal business operator on his/her name.

Accordingly, the defendant embezzled the victims' property.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of witness E, H, D, and I;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police for E;

1. Investigation report (Attachment of search details of the case);

1. A report on investigation (attaching an explanatory note);

1. Reporting on investigation (temporary change in the date of crimes);

1. Each judgment (the approval of a ruling belonging to the Changwon District Court 2008 Gowon District Court 1398, the delivery of corporeal movables to the Changwon District Court 2008 Gowon District Court 2008 Gowon District Court 61366

1. Protocol of conciliation (delivery of tangible movables by Changwon District Court 2009Na 10243);

1. Family relation certificate, etc.;

1. Investigation report (calculated market price of 20 tons of the scrap metal for damage);

1. Previous conviction: Determination on the defendant's assertion of a reply to inquiry, such as criminal history, investigation report (the confirmation of latter concurrent crimes)

1. The summary of the Defendant’s assertion 1) According to the content of the conciliation of civil litigation between the Defendant and the victims, it is doubtful whether the instant scrap metal belongs to the victims.

2) The Defendant heard the horses that “the Defendant won in a civil lawsuit between the Defendant and the victims,” and opened a door to D to the scrap metal businessman who believed the horses and sent the horses by H, and the Defendant embezzled scrap metal.

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