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(영문) 대구지방법원 2017.07.12 2016고정2413
횡령
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Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Power of crime] On September 25, 2012, the Defendant was sentenced to imprisonment with prison labor for six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Daegu District Court, and the judgment became final and conclusive on October 3, 2012.

[2] On October 20, 2010, the Defendant borrowed 23 million won from a person who was not injured as collateral and immediately delivered the above money to the victim upon request from the victim B to obtain a loan from the victim CN market, which was owned by the victim B as collateral, at the hearing of the fact that the Defendant borrowed 23 million won from the person who was injured as collateral.

On February 1, 2011, the Defendant used the Defendant’s personal debt repayment and embezzled the amount of KRW 15 million on or around February 1, 2011, and KRW 23 million on or around August of the same month, to repay the above loan from the damaged party, and received the remittance for the recovery of the above vehicle, and kept it for the victim. On or around the 10th of the same month, the Defendant used it for the Defendant’s personal debt repayment at his own discretion.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A criminal investigation report (related to submission of a written withdrawal of a complaint);

1. A criminal investigation report (a telephone investigation of a complainant who is different from a suspect's statement by telephone);

1. Previous records: Application of the text of the judgment, and the output of the screen of the prosecution case;

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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