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(영문) 인천지방법원 2016.09.22 2016고단1794
횡령등
Text

Imprisonment with prison labor for the crimes of No. 1, 2, 4 through 7, 9, and 10 in the judgment of the defendant, and for the crimes of No. 3 in the judgment of the defendant, two years and four months.

Reasons

Punishment of the crime

[criminal record] On December 5, 2011, the Defendant was sentenced to a suspended sentence of one year to a imprisonment without prison labor for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents at the Incheon District Court, and the judgment becomes final and conclusive on May 3, 2012. On June 12, 2015, the Incheon District Court sentenced one year of a suspended sentence to a one-year imprisonment for embezzlement at the Incheon District Court’s imprisonment on June 20, 2015, and the judgment became final and conclusive on June 20, 2015. On December 24, 2015, the Defendant was sentenced to a suspended sentence of two years for embezzlement at the Incheon District Court’s imprisonment with prison labor for eight months and on March 21, 201

A final and conclusive judgment that has become final and conclusive on May 3, 2012, and that has become final and conclusive on June 20, 2015 and that has become final and conclusive on March 21, 2016.

The crime of final and conclusive judgment No. 3 was committed before the date of final and conclusive judgment No. 2. Thus, the crime of final and conclusive judgment No. 3 does not constitute a case where a judgment can be sentenced simultaneously with the crime of No. 1, 2, 4 through 7, 9, and 10 in the holding that is a crime committed after the date of final and conclusive judgment No. 2. 3 (see, e.g., Supreme Court Decision 2013Do1203, May 16, 2014). However, as there is no final and conclusive judgment, since Article 38 of the Criminal Act is deemed to be concurrent crimes between several crimes and Article 37 of the Criminal Act, and Article 38 of the Criminal Act cannot be deemed to be applied to each crime committed before and after final and conclusive judgment (see, e.g., Supreme Court Decision 2013Do1203, Mar. 27, 2014).

1. On March 2015, the Defendant: (a) concluded an entrustment contract with regard to the raise of the victim G and specialized construction permission, permission and construction credit rating, the representative director of the FSC, who is a testing company inside the office, and (b) made it possible for the Defendant to use the liquidity of the company from the damaged person as a fund for the use of liquidity of the company.

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