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(영문) 의정부지방법원 2017.08.31 2017고정2031
횡령
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[Criminal record] On October 21, 2016, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the District Court of the Jung-gu District on January 11, 2017, and such judgment became final and conclusive on January 11, 2017.

[Criminal facts]

1. On May 3, 2016, the Defendant: (a) entrusted the sale of the said vehicle to the non-fluorced car page located in the Do Government-dong, the Government-Si around May 3, 2016; (b) was in custody of the said vehicle for the victim; (c) around that time, the Defendant provided the said vehicle as security and embezzled by borrowing KRW 4 million from D from D at the upper fluedong, Jung-gu, Seoul, and without the consent of the victim.

2. Around April 2016, the Defendant: (a) received a request from the victim G to purchase the FF Motor Vehicle Trading Commercial Co., Ltd. located in Gyeonggi-si, and embezzled KRW 2,150,000 for the victim by delivery of KRW 2,80,000 to the Saemaul Treasury Account (Account Number (Account Number: I) in the name of the Defendant on April 27, 2016; and (b) embezzled KRW 2,150,00 for the victim on June 201, the Defendant used the FF Motor Vehicle Trading Commercial Co., Ltd. for personal purposes, such as the Defendant’s hospital expenses.

Summary of Evidence

[2017 High 2031]

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. Inspection of the motor vehicle registration ledger (A);

1. Loans and photographs of registration certificates of motor vehicles;

1. A criminal investigation report (related to witness D) (2017 high-level 2032);

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Details of investigation reports (the remittance of money to a complainant within the bank account and the confirmation of the amount returned by a suspect), and account transactions;

1. Details of text transmission and reception, and application of the statutes in writing;

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 of the Criminal Act concerning the selection of punishment (Optional to a punishment);

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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