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(영문) 부산지방법원 동부지원 2016.04.06 2015고단2436
횡령
Text

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

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On May 2015, the Defendant requested repair of the Defendant’s car in light of the repair of the Plaintiff’s car operated by the Victim C in Busan Shipping Daegu, Busan, and used the Plaintiff’s car in excess of KRW 10 million at the market price until the repair is completed, and kept the Plaintiff’s car in custody on behalf of the Plaintiff. On August 2015, the Defendant borrowed KRW 6 million from F through E, a land located in Busan, Japan, and embezzled it by arbitrarily offering it as security for the loan money.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, and C;

1. Application of Acts and subordinate statutes to investigate reports (specific market value of the embezzled goods) and confirm the secondary transaction site;

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act concerning the choice of punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant repeats the crime during the period of repeated crime, and that the defendant has many criminal records of the same kind.

However, there are favorable circumstances such as that the defendant's recognition of facts charged is seriously against the defendant, the amount of damage is not so large, the defendant agreed with the victim, and the damage seems to have been recovered.

In addition, the defendant's age, sex, environment, means and result of the crime, and the circumstances after the crime, etc. shall be determined as ordered by taking into account the various sentencing conditions in the trial process of this case.

[Sentencing Criteria] - The crime of embezzlement: the group of embezzlement and the crime of breach of trust, the type 1 (less than 100 million won), etc.: Provided, That the sentencing criteria are not applicable because of the choice of fines.

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