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(영문) 수원지방법원 2016.05.24 2016고단193
횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 28, 2012, the Defendant was sentenced to four months of imprisonment with prison labor due to the charge of forging official documents at the source of the method of using the original document and completed the execution of the sentence on March 27, 2013.

On November 2, 2014, the Defendant: (a) at the C police station located in Suwon-si B; (b) at the time, at the request of the victim D to manage and request the funds of the victim at the expense of KRW 5 million; and (c) consented to the request; and (d) agreed to arbitrarily use the victim’s smartphone, account number, account number, and identification number, andOTP card of the victim where an official certificate of the victim’s bank account is installed, and deposited in the victim’s account for the purpose of the criminal case after the Defendant kept the funds by using the victim’s smartphone, account number, account number, and identification number, andOTP card.

Summary of Evidence

1. Statement by the defendant in court;

1. Part of the statement made to the defendant in the protocol of interrogation of the suspect;

1. A copy of a letter of performance;

1. Previous convictions: Application of Acts and subordinate statutes to refer to inquiries, such as criminal history, and report on investigation (report on confirmation of the current status of individual identification of suspect and repeated crime related thereto);

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

1. The reason for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [the scope of the sentencing guidelines] Article 35 of the Criminal Act / [the reasons for the sentencing [the sentencing guidelines] / [the sentence of April to one year] / [the defendant committed the crime of this case without being aware of during the period of repeated crimes] / The defendant committed the crime of this case without being aware of it during the period of repeated crimes, while the embezzlement amount is not significant, considering the circumstances unfavorable to the disadvantage that the damage has not been sufficiently recovered, and recognized and against his mistake, the 14 million won has been repaid, and the 14 million won has been reimbursed, and the circumstances favorable to the fact that the 3 children have been raised, shall be taken into account. The other defendant's age, sex, environment, motive for the crime, circumstances after the crime, etc.

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