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(영문) 대구지방법원 포항지원 2018.09.12 2018고정197
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

[Criminal Records] On July 24, 2015, the Defendant was sentenced to eight months of imprisonment for the crime of embezzlement at the Daegu District Court, and the judgment became final and conclusive on March 23, 2016.

[2] On December 20, 2014, the Defendant: (a) received a request from the victim B for the sale of Tex, a victim’s ownership, from the Group Korea (State Truck Office) truck office located at No. 45 Doo-ro 26, U.S. Island around the border of North Korea on December 20, 2014; and (b) sold the said Tex to C on January 12, 2015, and received KRW 58 million.

While the Defendant kept the above sales proceeds of KRW 58 million for the victim, only the remainder, excluding KRW 3,712,720 and KRW 3,500,000, which are part of sales proceeds, from the victim’s new acquisition tax, etc., was delivered to the victim and used KRW 7,212,720 around January 2015 for the purpose of paying the Defendant’s personal debt.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A complaint filed by B and a certificate of borrowing;

1. Report of investigation (change of the ratio, etc. of the criminal facts against the complainant B);

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (verification of facts that are ex post concurrent crimes) statute;

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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