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(영문) 대전지방법원 2015.06.24 2015고단1028
횡령등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On October 10, 2013, the Defendant was sentenced to imprisonment with prison labor for six months at the Daejeon District Court for embezzlement, and is still under the suspension of execution as of October 18, 2013 after the said judgment became final and conclusive.

1. Around 08:00 on October 31, 2014, the Defendant embezzled the said vehicle by using the Defendant’s personal debt repayment, etc. at his/her own discretion, etc., while selling the said vehicle and holding it for the victim at the meeting of the Daejeon Daejeon Daejeon Daejeon District Office upon request from the victim E to sell the FK7 car owned by the victim. On November 21, 2014, the Defendant embezzled it by using the said vehicle for the Defendant’s personal debt repayment, etc.

2. On November 27, 2014, the Defendant forged private document: (a) at the H office located in the Daejeon Seosung-gu G Building 312, the Defendant, using the computer, entered the name “E”, “E”, “I”, “B”, and “B, 308 Dong 1402” in the column of the contractual parties to the “automobile transfer certificate; and (b) stamped the seal of E, which was held in advance on the back of the name; and (c) marked the name and address of E in the column of the former owner (transferr) of the “application for Transfer Registration.”

Accordingly, for the purpose of exercising, the Defendant forged a motor vehicle transfer certificate in the name of E, which is a private document on rights and obligations, and a copy of a registration application.

3. On November 27, 2014, the Defendant submitted a forged motor vehicle transfer certificate and an application for registration of transfer to a public official who works at the Daejeon Daejeon Metropolitan City’s Office of Automobile Registration according to the World Cup 32 (Nodong-dong), as stated in the above paragraph (2), and held the same respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Copies of each motor vehicle transfer certificate;

1. A copy of the vehicle acceptance certificate;

1. A copy of an application for registration of transfer or registration;

1. Copy of a statement of passbook transaction;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of written judgments);

1. Relevant provisions concerning facts constituting an offense;

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