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(영문) 대구지방법원 2016.04.08 2016고정189
횡령
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 26, 2014, the Defendant would receive the rental fee for a motor vehicle siren from the ‘D' operated by A in Ansan-si B, Andong-si, which is an employee of E.

“In the end, according to the investigation report (related to the value of a siren) equivalent to KRW 14890,000,00 in the market price of the victim D Co., Ltd., the value of a vehicle is KRW 1,489,00,000,000,000, the amount written in the

On November 29, 2014, when the Fk7 car was delivered to the victim and kept for the victim, it borrowed 6 million won from G on November 29, 2014, and embezzled it by arbitrarily offering the said car as security.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and E;

1. C Complaints;

1. Investigation report (related to the value of sirens);

1. On December 3, 2015, the fact that the Defendant subject to the registration certificate and the loan certificate law was sentenced to a suspended sentence of two years for fraud at the Incheon District Court on December 11, 2015, and the judgment became final and conclusive on December 11, 2015. However, Article 39(1) of the Criminal Act does not apply to the crime of crime of this case since the crime of this case was a case where the judgment was not possible at the same time as the crime of this case (see Supreme Court Decision 2013Do1203, May 16, 2014).

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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