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(영문) 광주지방법원 목포지원 2015.04.10 2014고단1408
횡령
Text

Defendants shall be punished by imprisonment for four months.

However, each of the above penalties shall be executed for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendants, at the F On-Site Office located in Jeonnam-gunon 14:00 on February 16, 2013, at the F on-site office in Jeonnam-gun, Jeonnam-gun, the Defendants, “I will deliver a vehicle within 30 days when I will deliver a vehicle to the victims D with a low price while I am well aware of the vehicle with a vehicle with a vehicle in a foreign country, and if I am to that person, K7 cars may be purchased at a low price, and if I am to that person, at a low price of KRW 10,00,000.”

3.5. The amount of 26,400,000 won was remitted from the victim to the account under the name of the defendant B to be kept in custody for the victim.

However, on March 2013, the Defendants conspired to arbitrarily use the vehicle cost received from the injured party in the I office operated by the Defendants in the Ha in the Hannam-si, Hannam-si, Hanan-si, to use the site as the sales contract amount of the factory site that I want to purchase from

Accordingly, on March 21, 2013, Defendant B paid the said KRW 26,400,000, which he received from the victim as the vehicle price, as the sales contract amount by J, and consumed it at his own discretion.

Accordingly, the Defendants conspired and embezzled the victim's property.

Summary of Evidence

1. Defendants’ respective statements in the second protocol of trial;

1. The prosecutor's protocol of interrogation of the Defendants (including D's statement)

1. Statement made to D by the police;

1. A complaint;

1. Remittance details and application of Acts and subordinate statutes on receipts for selling land for factory;

1. Relevant Articles 355 (1) and 30 of the Criminal Act concerning criminal facts and the choice of punishment;

1. Suspension of execution (the defendants) Article 62 (1) of the Criminal Act.

1. Article 62-2 of the Criminal Act;

1. Reasons for sentencing under Articles 32 (1) and 25 (3) 3 (Article 25 (3) 3 of the Act on Special Cases concerning the Rejection of Action, etc. of Application for Compensation;

1. Determination of types of crime: Type 1 100 million won for embezzlement and breach of trust;

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