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(영문) 전주지방법원 2017.07.05 2017고정30
횡령등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On August 27, 2012, the Defendant: (a) borrowed eight million won from Nonparty C without authority from Nonparty C in the power of delegation form that commissions Nonparty C to prepare a fair deed without authority from around 17:00 on August 27, 2012, the Defendant forged a private document; (b) marked that “D”, “one million won for joint and several surety’s debt guarantee; and (c) marked “D” and “B 301” on the guarantee period column; and (d) marked “D” and “B 301” on the next D name.

As such, the letter of delegation for the preparation of a forged process certificate was forged and submitted to Nonparty C who was unaware of the fact.

Accordingly, for the purpose of uttering, a letter of delegation, which is a private document on rights and duties, was forged and used.

2. On September 19, 2015, the Defendant received 9.3 million won from the victim D-owned body non-motor vehicle purchase price paid by the vehicle purchaser after receiving the vehicle purchase price from the victim of the victim D, registered in the non-party D’s name at the front city B’s parking lot at the time of the front city, and was entrusted to the front city.

In such cases, the Defendant was in the position of a custodian to deliver a vehicle to a vehicle buyer and receive the vehicle sale price.

On the same day, the Defendant received KRW 9.3 million from the purchaser of a vehicle in the F-Ban band 17:00 on the same day, and embezzled KRW 3.1 million out of the amount for personal use of the Defendant.

Summary of Evidence

1. The first written protocol concerning the examination of the suspect against the defendant;

1. On the second round of the suspect examination protocol of the police officer, some statements made against the defendant (including DNA statements);

1. Statement made by the police against D;

1. Complaint;

1. Reporting the results of each investigation and the application of statutes;

1. Article 231 of the Criminal Act (the point of Article 231 of the same Act), Articles 234 and 231 of the Criminal Act (the point of exercising the aforementioned investigation document) of the same Act concerning the facts constituting an offense, and Article 355 (1) of the Criminal Act (the point of embezzlement);

1. Selection of an alternative fine for punishment;

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. Articles 70(1) and 69(2) of the Criminal Act to attract a workhouse.

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