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(영문) 울산지방법원 2017.08.10 2017고단140
횡령
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Criminal facts

On May 31, 2013, the defendant was sentenced to four months of imprisonment for fraud at the Busan District Court, and the execution of the sentence was terminated on June 20, 2013 at the Busan Detention House.

On April 12, 2016, the Defendant received a request from the victim F to return from the victim in order to appraise the market value of the victim-owned forest from the victim E in Yongsan-gu Seoul, Yongsan-gu, Seoul, and embezzled it by refusing to return without justifiable grounds.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, G and H;

1. A protocol concerning the examination of the accused by the prosecution (including the whole part of interrogation);

1. Each police statement made to F and G;

1. A previous conviction: The defendant and his defense counsel held that the crime history inquiry, investigation report, the defendant and his defense counsel's assertion were received as gift by the person who was related to the defendant, which led to the complaint of this case, and that the defendant's mother's child was found to have been guilty, and that the defendant's child could not be aware of the location of the waste while cleaning the house.

The following circumstances revealed by the evidence duly adopted by the court of this case, i.e., the victim, from the investigative agency to the court of this case, will offer money to the defendant as security.

Then, the Defendant did not return the instant forest, and the Defendant stated consistently and specifically, and ② the Defendant attempted to arrange the Defendant’s financing through the instant forest.

G makes a statement to the effect that it conforms to the above statement of the injured party in this Court, and ③ the injured party was unable to receive a return after delivering the instant picture to the Defendant on April 12, 2016, submitted the instant complaint around April 25, 2016, and intended to recover the instant forest.

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