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(영문) 수원지방법원 2014.07.07 2014고단2650
횡령
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On December 24, 2013, the Defendant sold the DWS car owned by the victim C, and then requested the purchase of K7 car.

On December 27, 2013, the Defendant sold the said golf car to E, and received KRW 17,500,000 from E, and around December 30, 2013, the Defendant received KRW 4,400,000 from the victim for additional funds to purchase the K7 car.

The Defendant, as such, embezzled 21,90,000 won on his/her own by using the said money to a police officer on January 2, 2014 while the Defendant kept the said money for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police interrogation protocol against the accused;

1. Statement to C by the police;

1. Certificate of automobile transfer;

1. Account details;

1. Application of the register of automobiles statutes

1. Relevant legal provisions for criminal facts, Article 355(1) of the Criminal Act for the choice of punishment, the reasons for sentencing of imprisonment [type of crime] - Type 1 of the embezzlement crime group - the basic area of the amount of profit of less than 100,000,00 won [Scope of territory and recommendation] - Reduction elements of imprisonment from April to April [general person] - In cases where an occupational embezzlement is not an occupational embezzlement, an aggravated element - 4 months of imprisonment [decision of sentence] - In cases where an embezzlement is not an occupational embezzlement [decision of sentence] 4 months of imprisonment - The degree and degree of damage and recovery thereof, the defendant reflects his fault, and there is no criminal conviction for the defendant.

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