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(영문) 대구지방법원 김천지원 2015.07.16 2015고단270
횡령
Text

A defendant shall be punished by imprisonment for six months.

The application for compensation of this case is dismissed.

Reasons

Punishment of the crime

The Defendant is a person who runs a used car sales business under the trade name of “C used car sales company”.

On April 7, 2014, the Defendant: (a) around 2014, the Defendant was entrusted with the title of the registration of the ownership of 1 vehicle for the victim-owned 24,500,000 won and the title of the registration of the ownership of 18,50,000 Ebea-Korean cruise vehicle, which is equivalent to KRW 25,00,000 in the market value of the victim-owned 24,50,000; (b) provided the above her mother-owned vehicle as security by receiving a loan of KRW 18,50,000 from Abea-Korean Vessel on May 7, 2014; and (c) provided the above her cruise vehicle as security on May 23, 2014, receiving KRW 18,000,000 from the same company.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement concerning B;

1. Application of Acts and subordinate statutes to investigation reports, investigation reports, and text messages;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The sentence of sentence is inevitable for the victim, who suffers from lebanes in the grounds of sentencing under Article 32(1)3 of the Act on Special Cases concerning the Promotion, etc. of Litigation, etc. of Application for Compensation Order (the scope of the defendant's liability for compensation) due to the investment in the whole property, voluntarily disposes of each vehicle on the judgment that the victim purchased by suffering from lebanes, for his own lebio sales business, and fails to comply with the restoration of damage thereafter, due to considerable economic and mental suffering.

Provided, That the defendant does not have any previous conviction except for the punishment of fine due to traffic crimes in 2005, confession and reflects the crime, and other punishment as ordered shall be determined in consideration of the age, family relationship, military service relationship, etc. of the defendant.

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