(영문) 서울남부지방법원 2012.06.05 2011고단951

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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

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자간(%)

(영문) 서울남부지방법원 2012.06.05 2011고단951

횡령

Text

Defendants shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

around January 2006, the Defendants received a request from the victim E to keep the 25 tons of the scartos owned by the victim, and thereafter, from around that time, the Defendants kept the scartos of the above scars in the warehouse attached to the common parking lot of the first floor of the Incheon Seo-gu, Incheon.

While the Defendants kept the above scartoum stone in the above warehouse for the victim, from March 208, the Defendants were demanded from the victim to return the above scartoum stone, and the Defendant was the intent to obtain the above scartoum stone from the victim, and the Defendant “B shall return it to B as he is in the custody of B,” and Defendant B refused to return it to the effect that “I shall own the scartoum stone, and shall not return it by the time they receive KRW 200 million, including the loan amount of KRW 10 million, KRW 100,000,000,000,000,000 won for the scartoum stone from A, and shall not return it to another place on February 201, 201, and without notifying the victim of the place of custody.”

As a result, the Defendants conspired and embezzled the above scarcitys owned by the victim for the victim.

Summary of Evidence

1. Part of the witness B’s statement in the fourth protocol of trial (as to the facts charged by the defendant A);

1. The witness A’s partial statement in the fifth trial record (as to the facts charged by the defendant B);

1. Each prosecutor’s office protocol against the Defendants (including the E’s statement);

1. Statement of each police statement of G and E;

1. Proxy letter;

1. The loan certificate;

1. Report on investigation (to keep and confirm earth and sand);

1. Grounds for recognition of guilt in an investigation report (verification of a suspect A's entry into or departure from Korea);

1. Reviewing the record as to whether the instant rare earth and sand is owned by the victim, the victim and G consistently make a statement to the effect that the victim purchased the rare earth and sand from H (hereinafter “the instant rare earth and sand”) recorded in the crime from the investigative agency to this court (the investigation record 12, 83, and 3th trial records).

유사 판례

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