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(영문) 광주지방법원 2015.06.03 2015고단768
횡령
Text

The punishment of the accused shall be determined by six months of imprisonment.

The defendant shall pay 20 million won to an applicant for compensation.

3.2

Reasons

Punishment of the crime

On March 2014, the Defendant: (a) transferred the name of the victim from AL (35 years of age) to another office located on the Gyang-si AM and the second floor; (b) separately disposed of the number plate; and (c) after the victim terminated the collateral security on the said vehicle, the Defendant issued the remainder to the victim; and (d) purchased the said vehicle under a special contract with the victim at the time of the transfer of ownership on the said cargo vehicle; (b) the Defendant received the said vehicle from the maintenance factory located on the Green Industry North Korea in Gangseo-gu Busan Metropolitan City and kept the said vehicle for the victim while the victim purchased the remainder under the special contract with the victim at the time of the transfer of ownership on the said cargo vehicle.

On June 2014, the Defendant embezzled the cargo vehicle owned by the victim, which is equivalent to KRW 24 million at the market price, by arbitrarily selling the vehicle to the person who was in custody of the victim through the Internet to the person who was unaware of the name of the purchaser of the large-scale vehicle that became aware of through the Internet.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes governing the statement statement made by the police officer of AL;

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. Article 25 (1) of the Act on Special Cases concerning Litigation Promotion, etc. of Compensation Orders;

1. Grounds for sentencing under Article 31 (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Declaration of Provisional Execution;

1. The scope of the sentencing guidelines for sentencing [decision of type] the scope of the sentencing guidelines for embezzlement and breach of trust [decision of the recommended field] the basic area [the scope of the recommended field] 4 months to 1 year and 4 months [the scope of the recommended sentence] - Where mitigation elements are not occupational embezzlement and breach of trust - where the crime of embezzlement of aggravated factors is committed;

2. Whether or not the suspension of execution is added - The reasons for major reference: He has a negative previous conviction (not less than a five-year period of suspension of execution) - He has a previous convictions of not less than two times of suspension of execution;

3. Six months of imprisonment with prison labor for a sentence;

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