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(영문) 대구지방법원 김천지원 2014.04.02 2013고단1678
횡령
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 8, 2013, the Defendant was sentenced to six months of imprisonment for fraud, etc. in the Daegu District Court Kimcheon Branch of the Daegu District Court, and the said judgment was finalized on November 1, 2013, and on November 28, 2013, two years of suspended execution, etc. for six months of imprisonment with prison labor in the same court, etc., and the said judgment became final and conclusive on December 6, 2013.

On February 17, 2009, the Defendant lent KRW 10 million to the victim C at a credit business office operated by the Defendant in the Gu-U.S. Si, Si, and was kept for the victim after being provided with D Kakn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-k-kn-kn-k-kn-kn-k-kn-k-k-k-k-k-k-k-k-k

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Part C of the first protocol of examination of the suspect against the defendant in the prosecution;

1. Previous records of judgment: Investigation report, copy of judgment, results of search of cases bound in the protocol of trial, and application of Acts and subordinate statutes of the judgment;

1. Relevant Article 355 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In full view of all the circumstances, such as the fact that the sentencing period of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is possible, there are many criminal records, damages to the victim, and the victim does not want the punishment of the defendant, and the need to consider the equality with the case where the judgment is rendered simultaneously with each crime, the punishment shall be determined like the order.

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