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(영문) 인천지방법원 2016.02.17 2015고단6249
횡령
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On July 2, 2015, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Incheon District Court on September 7, 2015 and the said judgment became final and conclusive on September 7, 2015.

At Ansan-si, the Defendant established a company called “A” and “D” with the victim C and carried out the distribution business of “Masan” from November 2013 to March 2014.

On March 2014, the Defendant embezzled the said car owned by the victim by arbitrarily disposing of the said car owned by the victim, on which the right to collateral security of JB Capital was established, after receiving KRW 5 million from the person in the name in the name in the name in Ansan-si (hereinafter “F”), while the victim was in custody and used for the promotion of the project, by taking over one of the ecuas vehicles (H, 2010) in an amount equivalent to KRW 28 million in the market price that he purchased by borrowing funds from JB Capital in the name of father G in the name of his father.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to C;

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to judgment of the same kind as the suspect A) statute;

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

1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes: (a) the reason for sentencing under Article 39(1) recognizes and reflects the instant crime; (b) the criminal records as indicated in the judgment of the instant crime and the concurrent crimes prescribed by the latter part of Article 37 of the Criminal Code; and (c) the victim recovered and commercialized the instant vehicle under favorable circumstances; and (d) the fact that the victim did not reach an agreement with the victim shall be considered under unfavorable circumstances; and (e) other factors, such as the Defendant’s age, sex, environment, motive and circumstance leading to the instant crime, and circumstances after the instant crime, etc., shall be determined as per the order.

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