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(영문) 수원지방법원 2017.11.01 2017고단2685
횡령
Text

A defendant shall be punished by imprisonment for six months.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

around August 6, 2016, the Defendant recovered and sold the 4th floor of the D Building D'E, which was kept by G from the victim F from the victim F and embezzled by using the 20 million won for personal debt repayment at his/her own discretion around that time while the Defendant was in custody for the victim after being requested to recover and sell the 20 million won for the recovery of the musical instruments.

around April 2015, the Defendant, at the Seocho-gu Seoul Metropolitan Government H around April 2015, sold and consigned one of the 25 million won C’s market price from the victim C and embezzled the loan by taking it as security from the K loan located on the fiveth floor of the Gangnam-gu Seoul J building.

Summary of Evidence

"2017 Highest 2685"

1. Statement by the defendant in court;

1. Statement made to F with respect to the preparation of the explanatory note;

1. The 2017 Highest 5013 Highest 2017, which provides a certificate of keeping musical instruments, a cash receipt, and written text;

1. Statement by the defendant in court;

1. Statement made to prepare the explanatory note against L;

1. Application of the Acts and subordinate statutes on pawned loan of goods;

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reason for sentencing of Article 32(1)3 and (2), Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Dismissal of Application for Compensation (the damaged goods of the applicant for compensation are the first class, and the fact revealed in the criminal procedure of this case alone is not enough to specify the market price of the above mentioned mentioned in the criminal procedure of this case, and the scope of compensation liability against the applicant for compensation is not clear. Thus, the reason for sentencing [the scope of recommended punishment is not appropriate for issuing an order for compensation] [4 months to one year and four months] of the basic area [no person subject to special sentencing] [the decision of sentencing] [no person subject to special sentencing] [the defendant has any history of punishment ] - favorable circumstances - the defendant does not have any history of punishment - the degree of injury to the victims. The circumstances made efforts to compensate the victims.

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