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(영문) 수원지방법원 2015.10.08 2015고정1603
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

[criminal power] On May 15, 2015, the Defendant was sentenced to two years in Seoul High Court for the charge of forging foreign currency, and the judgment became final and conclusive on July 23, 2015.

【Criminal Facts】

From October 20, 201, the Defendant: (a) from around October 20, 201 to around 90, 3000 won of the Victim C’s Ditck’s Ditk’s office located in Gangdong-gu Seoul; (b) ES5 vehicles, FNF vehicle, GYF station vehicle, HNEW 5 vehicles, etc. using sirens; (c) on May 1, 2012, when the Defendant was in arrears due to economic difficulties, the Defendant changed the existing HNEW 5 vehicles into IK5 vehicles.

On September 2012, the Defendant, on the ground of the delinquency in rental expenses, etc., received a request from the victim to return the said victim’s IK5 (vehicle price of KRW 17 million) vehicle, but embezzled the said request without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A vehicle rental contract;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning investigation reports (Attachment of cases under trial of a suspect);

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

1. The sentencing grounds of Article 334(1) of the Criminal Procedure Act for sentencing order of provisional payment order partially reduce the amount of fine determined by the summary order by taking account of equity in the case where the defendant was punished concurrently with the crime of forging foreign currency as stated in the first head of the crime in which the victim was found to have recovered the vehicle and the crime of forging foreign currency was committed ex post facto concurrent crimes.

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