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(영문) 부산지방법원 2014.06.26 2014고정1220
횡령
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

On November 21, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (joint injury) at the Busan District Court on November 21, 2013, and the judgment became final and conclusive on November 29, 2013.

On October 15, 2012, around 13:00, at the road parking lot at the entrance of Seo-gu, Busan, the Defendant embezzled the above money by using it as a escape fund at his own discretion on November 15, 2012, when the Defendant received 600,000 won from the victim D to request for the purchase of bicycles and kept for the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A complaint;

1. Previous convictions in judgment: To apply the printed and printed materials of the Konet case search, and the copies of each judgment;

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the choice of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The latter part of Article 39 (1) of the Criminal Act exempted from punishment (the principle of equity in cases where judgment is to be rendered simultaneously with the crime in which judgment becomes final and conclusive);

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