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(영문) 서울서부지방법원 2018.02.01 2017고정1654
횡령
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

While the Defendant kept B DB Capital Co., Ltd. (hereinafter “Defendant”) with a lease agreement, around March 13, 2017, at around 17:00, the Defendant provided the said vehicle as security, even though he could not dispose of the said vehicle at his own discretion without the victim’s consent, the Defendant provided C with a loan of KRW 6.3 million, even though he could not dispose of the vehicle at his own discretion without the victim’s consent.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Copy of each protocol concerning the examination of suspect of the police against C or D;

1. Application of Acts and subordinate statutes to a criminal investigation report (B (Dracker Sports Register (A) and a register of motor vehicle registration);

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 (1) of the Criminal Act concerning the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order is that the defendant pays the rent in good faith until now, and the sentencing conditions, such as the defendant's age, sex, environment, and criminal records, shall be determined in light of the order.

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