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(영문) 수원지방법원 안양지원 2013.05.13 2012고단1266
횡령
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant provided funds to the Defendant and C, provided equipment and technology to the victim D, and provided the name of the car center building and the lessee of the site and the car center business operator in the name of the victim D, and operated the car center in Dongcheon-si from December 2010 to Dong business.

On March 15, 2011, the defendant was detained by the victim D on March 15, 201, and decided to dispose of the victim D's Oba and the vehicles requested to repair from the victim F.

1. Around December 2010, the Defendant embezzled the victim F’s embezzlement: (a) on the part of the victim F’s Genz car market value of KRW 6 million on the part of the victim F, which the FF requested repair by the said Ek Center; (b) on April 4, 2011, the said Kk Center requested H to dispose of the said amount of KRW 450,000,000 for the scrap metal; and (c) embezzled the said amount of money by requesting H to arbitrarily scrap the disposal.

2. From March 15, 201, the Defendant: (a) from around March 15, 201, when the victim D was detained, the Defendant was able to receive KRW 100,00,00 from the said car center to the victim for the said victim, and embezzled the said car at the said car center after receiving KRW 100,00 as the scrap metal for the said victim, while the said car center kept the 750,000,000,000,0000,000,000,000,000,000,000.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Legal statement of a witness I;

1. Statements made by witnesses D and F in the fourth trial records;

1. Statement made to D by the police;

1. Application of statutes on business registration certificates;

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. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., Article 62 (1) of the Criminal Act (see, e.g., Supreme Court Decisions 201Do1148, Jan. 1, 201; 201Do1144, Feb.

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