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(영문) 창원지방법원 진주지원 2013.09.11 2013고단798
횡령등
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

The Defendant, around 22:00 on April 27, 2010, 201, demanded that the victim Y and alcohol are 14 km away from the market price of the victim 495,000, and that “the victim Y and drinking at the X-si located in Jinju,” and met the Defendant’s claim that “the victim Y and drinking at 495,000,000 won at the market price of the victim’s hand,” and met the Defendant’s right-hand hand-hand hand.

After that, although the victim was demanded to return the reflect from the victim, the victim was promised to return the reflect later, and then the victim was kept in custody for the victim, but around that time, the victim spent the individual use, such as entertainment expenses, at the Jinju-si Council around that time.

Accordingly, the defendant embezzled the victim's property.

The Defendant, “AB” operated by the Victim AA in Jung-gu Seoul Metropolitan Government from around 22:00 on May 18, 201 to around 01:00 on the following day, by the Defendant: (a) by deceiving the victim as if he were to pay the alcohol value despite the absence of the intent or ability to pay the alcohol value; and (b) by deceiving the victim as if he were to pay it, he was provided with alcohol, alcohol, etc. equivalent to the sum of three disease, etc. in the face of the two weeks, namely, from the victim.

Summary of Evidence

[2013 Highest 798]

1. Defendant's legal statement;

1. Statement of the police about Y;

1. Reactors;

1. Written estimate (2013 main body88);

1. Defendant's legal statement;

1. Police suspect interrogation protocol of AC or AD;

1. The police statement of AA;

1. Application of the receipt statute

1. Relevant Article 355 (1) of the Criminal Act and Article 355 (1) of the Criminal Act (the point of embezzlement and the choice of imprisonment), and Article 347 (1) of the Criminal Act (the point of fraud and the choice of imprisonment);

1. Among 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 is led to confession and misunderstanding, but the defendant has already been punished for the same kind of crime, and the damage has not been recovered, and the defendant has been sentenced to imprisonment in relevant cases, and the appellate court judgment is rendered.

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