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(영문) 대전지방법원 서산지원 2017.10.10 2017고단447
횡령
Text

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

Reasons

Punishment of the crime

On November 16, 2010, the Defendant: (a) purchased B Trler with the Plaintiff around 16, 2010; (b) deposited the said Trler in D with the transportation business chain located in Pocheon-si C; and (c) transferred the status to the Plaintiff E, who was a party to conduct the land-based transportation business around June 2013; and (d) requested the Defendant to pay 2,400,000 won monthly installments for the said Trler on behalf of the victim each month.

On November 25, 2015, the Defendant received remittance of KRW 2,400,00 from the injured party to the national bank account in the name of the Defendant to the account of the national bank account in the name of the Defendant and used the said money for personal purposes, such as personal debt repayment.

In addition, the Defendant consumed the total amount of KRW 16,80,000 on seven occasions, as indicated in the list of crimes, from around that time to May 26, 2016.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Part of the statement under E in the second police interrogation protocol against the accused;

1. Application of Acts and subordinate statutes on police statements made to F and E;

1. Relevant legal provisions on criminal facts, Article 355(1) of the Criminal Act, grounds for sentencing of sentence of imprisonment [the scope of recommended sentence] Class 1 of the basic area (from April to January 14) [the decision of sentence] is not sentenced to sentence due to the failure of the defendant to recover from damage.

In order to give repayment and an opportunity to reach an agreement in consideration of the relationship with the victim, the amount of damage, etc., the legal detention shall not be made, and the punishment shall be determined as ordered.

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