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(영문) 광주지방법원 2017.10.27 2017고단3677
횡령
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1. Defendant shall be punished by a fine of 5,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

On June 20, 2014, the Defendant, at the R Office located in Q in Seo-gu, Gwangju, proposed a proposal that “The Defendant would receive a loan of KRW 30,000,000 from the victim S to reflect the loan from the victim S,” and used the said vehicle as collateral and provided the said vehicle to U as a security and received a loan of KRW 6,80,000,000 from the damaged party, and then arbitrarily consumed the Defendant’s personal debt while keeping the Defendant for the victim.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of suspect interrogation of the police against the S or the accused (two times);

1. Application of Acts and subordinate statutes to a criminal investigation report (the date and time of occurrence and the submission of text messages), and the content of text messages;

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. On the grounds of sentencing under Articles 70(1) and 69(2) of the Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances, such as the following circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and consequence of the crime, and circumstances of sentencing as indicated in the record.

A favorable circumstances: The defendant is led to confession, and is against himself.

The injured party shall not want the punishment of the defendant under agreement with the defendant.

On November 23, 2012, the Defendant was sentenced to one year of imprisonment due to special larceny, etc., and again committed the instant crime after the execution of the sentence was completed.

On November 2012, the Defendant was subject to criminal punishment of a fine of KRW 2 million due to embezzlement, etc.

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