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(영문) 인천지방법원 2017.11.16 2017고단4819
횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 1, 2016, the Defendant requested the victim B to sell Class 12 items (i) items of e-mail of e-mail of e-mail (two e-mailed e-mailed e-mailed e-mailed e-mailed 8 e-mailed e-mailed e-mailed e-mailed 8 e-mailed e-mailed e-mailed 8 e-mail, (iv) 8 e-mailed e-mailed 8 e-mailed e-mail, (ii) 8 e-mailed e-mailed e-mailed e-mailed e-mailed e-mailed e-mailed e-mailed e-mailed e-mailed e-mailed e-mailed e-mailed e-mailed e-mailed e-mailed e-mailed e-mailed e-mailed e-mailed n.

On January 2016, 2016, the Defendant sold each item of the instant game to several names and Buddhist boxes, and received KRW 70,300,000,000 from the names and Buddhist winners of the said game in order, and kept them for the victim. At that time, the Defendant used them for personal purposes, such as repaying his/her existing debt in mind.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecutor with respect to B;

1. Application of one item related to additional accusation, one item market price and one copy of the estimated embezzlement amount requested to be disposed of to the suspect;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [the scope of recommended punishment] Article 62(1) of the Criminal Act (see, e.g., Supreme Court Decision 2006Da1548, Apr. 1, 2008) (see, e.g., Supreme Court Decision 2008Da1448, Apr. 1, 2008) (see, 2008).

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