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(영문) 전주지방법원 2018.01.11 2017고단2092
횡령등
Text

A defendant shall be punished by imprisonment for four months.

excessive one (No. 1) seized shall be confiscated.

Reasons

Punishment of the crime

[criminal records] On August 20, 2015, the Defendant was sentenced to six months of imprisonment with prison labor and a fine of five million won at the Jeonju District Court on occupational embezzlement, etc., and completed the execution of a sentence in a military prison on February 17, 2016.

[Criminal facts]

1. On October 24, 2016, the Defendant was requested by the victim C to sell the coo vehicle to D, which is owned by the victim at the front parking lot of apartment complex, even though the 50 coo-gu scoo-gu scoo-gu scood scood scood coo

On October 25, 2016, the Defendant sold cubs to E from the mutual influorial restaurant in the proportion of Daejeon Daejeon Daejeon, to E, and received KRW 8.5 million from the price to the victim and kept it for the victim, and around that time, the Defendant paid KRW 7.5 million to F in terms of personal debt repayment, and used KRW 1 million as the hospital expenses of the wife.

Accordingly, the defendant embezzled the victim's property.

2. A special assault Defendant: (a) around July 23, 2017, around 20:10, up to 5724, 504, the Pyeong-gu, Mansan-ro, Mansan-ro, 4724, the victim G (54 tax) paid money to the Defendant and expressed desire to do so, and bomb on the road in front of 504, the Defendant carried out a dangerous object ( approximately 23 cm in total length, approximately 13 cm in the knive length of knife) on the part of the damaged, and carried out a part, such as the victim’s left side knife and the knife.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

1. Previous conviction in judgment: Inquiry about criminal history, sentence of judgment, and current status of personal confinement [the facts of judgment No. 1];

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Investigation report (investigation into telephone conversations for a specified amount of embezzlement, etc.);

1. A certificate of deposit verification (the fact under subparagraph 2 of the judgment);

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officer in G;

1. Reports on internal investigation, police seizure records, and list of seizure;

1. Application of the photographic Acts and subordinate statutes;

1. Article 355(1) of the Criminal Act (the point of embezzlement) and Article 261 of the Criminal Act concerning criminal facts.

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