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(영문) 서울북부지방법원 2016.01.05 2015고단1352
횡령
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

In a case where it is acknowledged that the defendant conspired with other persons that he was prosecuted as a single criminal with C that he committed the same criminal act, it cannot be said that the modification of a bill of indictment is necessary in a case where the defendant is not likely to have any substantial disadvantage in exercising his right of defense (see, e.g., Supreme Court Decision 90Do1977, May 28, 191). In this case, the defendant asserted that he committed the crime of this case in collusion with C, and therefore, the defendant committed the crime of this case as a joint principal offender without undergoing the modification of a bill of indictment.

The recognition must be recognized.

On December 5, 2013, 13:00, the E-day total market located in D, for the high time of the 13:00 game, concluded an operating lease agreement with F, a manager in charge of social service Korea Co., Ltd. for the victim B, and G, a victim-owned car, and embezzled the said car in collusion with C, by obtaining a loan of KRW 18,00,000 from “119 money” around February 10, 2014 while keeping the said car for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with H;

1. A complaint;

1. An operating lease agreement and a detailed statement of consultation with the suspect;

1. Application of Acts and subordinate statutes to investigation reports (report on the binding of records, such as suspect A written opinions and cash receipt and disbursement records);

1. Grounds for sentencing prescribed in Article 355 (1) and 30 (Selection of Imprisonment) of the Criminal Act in relation to the relevant criminal facts and the choice of punishment;

1. The basic area (from April to January 1) of the sentencing criteria shall be the scope of the recommended punishment [the scope of the recommended punishment] of Type 1 (the scope of the punishment being less than KRW 100 million) (no person subject to special sentencing shall be subject to special sentencing];

2. The crime of this case in which the defendant entered into a lease contract with C and had a high-priced vehicle in custody, at will, shall be committed against the bond business operator.

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