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(영문) 대전지방법원 2013.05.10 2013고단271
횡령
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On May 30, 2010, the Defendant: (a) entrusted the operation of D D D dump trucks (190, purchase price of KRW 17 million) owned by the victim C to enter the construction site and distribute profits to the victim; (b) from that time, the Defendant sump trucks, which are different trucks owned by the victim, are disposed of at the disposal cycle for the victim while the Defendant kept and entrusted the truck for the victim; and (c) embezzled the Dump trucks owned by the victim by arbitrarily transferring them to the name of G Co., Ltd. operated by the Defendant F.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to H

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

1. Articles 70 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 takes into account the victim’s intent to punish the sentencing reason of the sentencing; however, there was no imprisonment without prison labor or any similar criminal record; and 5 million won out of the market price ( approximately KRW 1000 to KRW 13 million) at the time of the crime of embezzlement was taken into account by deposit of the embezzlement and taking account of the fact that a considerable portion of the damage was recovered and the substantial damage was small in size.

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