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(영문) 인천지방법원 2013.04.04 2012고단11966

A defendant shall be punished by imprisonment for one year.


Punishment of the crime

[2012 high group 11966] On April 5, 2012, the Defendant embezzled the said car by arbitrarily selling it to G, a seller of the second class 14.5 million won in front of the Gambb in Songpa-gu Seoul Metropolitan Government, on the road around April 17:30, 2012, at D office located in Guro-gu Seoul Metropolitan Government 1.301, the Defendant embezzled the said car by arbitrarily selling it to G, a seller of the second class 1,4.5 million won.

[2013Kadan640] On April 22, 2012, the Defendant lent the said vehicle to K and L for 600,000 won for 23 20,000 won for 23 days, where the Defendant was using the 666,500,000 won of the market price of the victim H in front of the mix 414-204, Seo-gu, Incheon, Seo-gu, Incheon.

At around 23:00 of the same month, the Defendant kept the above vehicle owned by the victim for the victim, and around 23:50 of the same month, at around 23:0, the Defendant sold the vehicle to N via M in the street in front of the Young-gu, Suwon-si, Suwon-si, 1268 Young-gu, Suwon-gu, Gyeonggi-do.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. The defendant's legal statement [2012 Highest 11966];

1. Statement of each prosecutorial statement concerning theO or N;

1. A protocol concerning the interrogation of suspects of E;

1. Each police statement on P, G,O, and Q;

1. Each investigation report (to hear a victim's P phone statement) (2013 order 640);

1. A protocol concerning the examination of suspect with respect to R;

1. Each police statement concerning K, S, J, H, N, T, or L;

1. Application of the Acts and subordinate statutes for reporting internal investigation;

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 offenders, the reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act is that the Defendant, as planned by the Defendant for the purpose of using the vehicle for gambling money, illegally sold the vehicle through a brokerage shop known through the Internet, in view of the motive for the crime and method of the crime, the nature of the crime is poor.