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(영문) 수원지방법원 2013.07.18 2013고단1440
횡령
Text

A fine of KRW 3,00,000 shall apply to each crime listed in the [Attachment] Nos. 1 through 4 in the list of crimes committed by the Defendant.

Reasons

Punishment of the crime

On October 27, 2009, the Defendant was sentenced to a suspended sentence of four months of imprisonment with prison labor for embezzlement at the Suwon District Court on April 27, 2009 and the judgment became final and conclusive on November 4, 2009.

From January 208, the Defendant purchased the used cars designated by the victim D and agreed to deliver them after receiving the purchase fund for used cars from the victim D in Suwon-si, Suwon-si, Suwon-si.

Accordingly, on October 20, 2008, the Defendant was entrusted with purchasing used cars from the victim, and received 9,750,000 won from the Defendant’s wife E bank account (Account NumberF) under the name of vehicle purchase.

Nevertheless, the Defendant did not purchase used cars to the victim and embezzled them at will, such as satisfaction of the debts incurred in the transaction of used cars with other transaction partners at around that time.

From around that time to July 19, 2012, the Defendant embezzled total of KRW 162,050,000 on seven occasions, as shown in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Statement made to D by the police;

1. Previous records: Application of criminal records and investigation reports (suspects' previous records and attachment of judgment) and statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act selecting a penalty;

1. The latter part of Articles 37 and 39(1) of the Criminal Act concerning the treatment of concurrent crimes (trade between embezzlement and the final judgment on each of subparagraphs 1 through 4 of the list of crimes at the time of sale);

1. From among concurrent crimes, each of the crimes listed in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (trades listed in subparagraphs 1 through 4 of the list of crimes), the concurrent crimes among the crimes listed in the crime of embezzlement No. 2, the most serious number of crimes, the inter-crimes listed in the list of crimes No. 5 through 7, and the concurrent crimes with the punishment listed in the crime of embezzlement No. 5, the most severe number of crimes);

1. Article 70 of the Criminal Act for the Detention of Labor House Head.

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