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(영문) 서울동부지방법원 2019.06.25 2019고정254
횡령
Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

On December 23, 2015, the Defendant was sentenced to four months of imprisonment for a crime of fraud at the Seoul Eastern District Court on April 9, 2016, and its judgment became final and conclusive on October 28, 2016, and was sentenced to three months of imprisonment for a crime of fraud at the same court on October 28, 2016, and its judgment became final and conclusive on December 23, 2016, and on May 16, 2019, the Defendant was sentenced to four years of imprisonment for a crime of fraud at the same court on May 24, 2019.

Around November 2013, the Defendant called “Astro golf with no golf loan, which does not have a golf loan,” and then embezzled the above golf bond sets by refusing to return to the victim even though he received a request for return from the victim around that time while he sent the golf bond set from the victim’s residence in Goyang-si, Goyang-si, through “Kwikwikset Service,” at the Defendant’s residence in Goyang-si, and stored for the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to an investigation report (compact filing in a judgment), each disposition not yet and a report on the result of confirmation (Fraud), the previous records of disposition and the report on the result of confirmation (Fraud and embezzlement);

1. Relevant Article 355 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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