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(영문) 대전지방법원 2018.05.25 2017고단5068
횡령
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 30, 2017, the Defendant received 250,000 UN (per KRW 25 million) from the victim E upon the victim E’s request to deliver to the same birth F of the victim in Korea, at around 22:30 on May 30, 2017.

The Defendant, on May 31, 2017, entered Korea on May 31, 2017, and consumed it voluntarily for personal purposes, such as living expenses, for the victim.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 355 (1) of the Criminal Act, and the choice of punishment for the crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] Class 1 (100 million won or less) (10 million won or less) where the degree of violation of duties is minor (1 month or October) (a person subject to special mitigation] (a decision of sentence] where the defendant has not made full efforts to recover damage, and a victim’s trust relationship is deep;

such circumstances as the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc. shall be considered.

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