logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2017.03.30 2017고정238
횡령
Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

[criminal records] On October 30, 2015, the Defendant was sentenced to six months of imprisonment with prison labor for embezzlement, etc. at the District Court of Jung-gu District on the ground of embezzlement, and the judgment became final and conclusive on January 28, 2016.

[Criminal facts] The Defendant is the owner of the business, and the victim C is the owner of the Done Star Motor Vehicle.

On August 25, 2014, the Defendant embezzled the sales proceeds of KRW 2 million received from F at will, on September 2, 2014, without delivering the said vehicle to the victim, while the Defendant was in custody by selling the said vehicle on consignment to the victim in the Gyeonggi-si E, Nam-si.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A protocol concerning the examination of suspect of the defendant;

1. Statement made by the police against C;

1. A detailed statement of banking transactions;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to one copy of the judgment, including the Council's District Court's District Court's 2015 Highest 758 Highest 758, one copy of the judgment, one copy of the Gu's District Court's 2015 Highest 3045, and

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;

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

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is that the injured party does not want the punishment against the defendant by mutual consent with the injured party, and the punishment is determined as ordered by taking account of equity with the case where the judgment on the record of the crime in the ruling becomes final and conclusive simultaneously with the case where the judgment is to be ruled.

arrow