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(영문) 부산지방법원 동부지원 2016.02.01 2015고단664
횡령
Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of three million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

[criminal record] On February 16, 2009, Defendant A was sentenced to a suspended sentence of two years for embezzlement at the Busan District Court's Dong Branch on August 8, 2009, and the judgment became final and conclusive on February 24, 2009.

[Criminal facts] The Defendants operated precious metal sales business with the trade name "E" in Busan D, 1005-104 as a woman's boom.

On August 11, 2008, the Defendants received a request for sales of the sum amounting to 54 million won in the market value of precious metals, such as Busan D and 116 dong 1701 victims F (the age of 65)’s 3rd-le market value of the 18 million won in the 14th unit of the 14th unit of the 14th unit of the 14th unit of the 2008 unit of the 5 million unit of the 8th unit of the 8th unit of the 14th unit of the 500,000 won in the 54th unit of the natural dust and the 54 million unit of the 500,000 won in the 4th unit of the 4th unit of the 54th unit of the 54th unit of the 10,000 won in the 54th unit

At that time, the Defendants sold the precious metal to the names of the victims and used the metal voluntarily for living expenses, etc. while being kept for the victims.

Accordingly, the Defendants conspired and embezzled 54 million won of the victim's sales proceeds of precious metals.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Legal statement of witness F;

1. Criminal history: Application of Acts and subordinate statutes for inquiry about criminal history;

1. Defendants of the relevant legal provisions concerning criminal facts: Articles 355(1) and 30 of the Criminal Act

1. Defendant A who has selected a sentence: Imprisonment with prison labor (which shall be sentenced to an unagreement or a sentence, but shall not be bound by the order to give an opportunity to recover from damage): Selection of a fine;

1. Defendant A who handles concurrent crimes: After Article 37 of the Criminal Act, Article 39 (1);

1. Defendant B detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant B of the provisional payment order: Article 334 (1) of the Criminal Procedure Act;

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