logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2013.06.11 2012고단10147
횡령등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. Around January 11, 2008, the Defendant purchased and leased a vehicle to be possessed in the name of the victim D and agreed to pay the installments and management expenses of the vehicle to be possessed with the rental proceeds, and then to deliver the remaining profits to the victim, and then purchased the E vehicle. The same year;

9.5.Around the same period of time, purchase of F and G fork fork fork fork fork fork fork fork fork fork fork fork fork forrs.

While the Defendant kept three above units for the victim, on December 2009, embezzled three units for the above three units by disposing of approximately KRW 40 million of the market price in Incheon on the water surface without the consent of the victim.

2. Around March 17, 2008, the Defendant made a false statement to the victim D that “I would bring about KRW 10 million in her mother and her mother and her mother, KRW 10 million, and if I would like to operate a club, I would have to make a distribution of profits from KRW 2 million to KRW 3 million for each for whom I would have to operate a club.”

However, the defendant did not have the intent or ability to distribute the profits to the victim even if the defendant received KRW 10 million from the victim and carried out the private business.

As such, the Defendant, by deceiving the victim as such, obtained on March 17, 2008 KRW 10 million from the victim and acquired it by deception.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of a witness I;

1. Statement made by witnesses D in the fourth trial records;

1. Examination protocol of the accused by the prosecution (including the DNA statement section);

1. Statement by the prosecution concerning D;

1. Application of Acts and subordinate statutes to a copy of a certificate or a copy of loan balance;

1. Relevant Article 355(1) of the Criminal Act, Article 355(1) of the Criminal Act (the point of embezzlement), Article 347(1) of the Criminal Act, and the choice of imprisonment with labor, respectively;

1. Of concurrent crimes, the fact that some of the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the circumstances favorable to the defendant] has been deposited (the circumstances unfavorable to the defendant] is punished twice by a fine for embezzlement.

arrow