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(영문) 대구지방법원 경주지원 2014.02.11 2013고정291
횡령등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

[Criminal Power] On February 14, 2013, the Defendant was sentenced to one year of imprisonment with prison labor for larceny, etc. in Daegu District Court and racing support, and the judgment became final and conclusive on March 12, 2013.

【Criminal Facts】

1. On October 5, 2012, the Defendant: (a) at a “D” agency operated by the victim C, the victim C at the time of the Government-Si, the Defendant: (b) determined on October 6, 2012, the date for returning the first unit of E 125CC at the market price of KRW 3720,000; and (c) leased the same from the victim.

After the expiration of the lease period, the Defendant refused to return the same without any justifiable reason while keeping one of the above Obaba on behalf of the victim.

2. The Defendant is a person who, around January 4, 2013, hired “H” operated by the victim G in Yongcheon-si F as a delivery source and engaged in delivery and collection of money.

On January 4, 2013, at around 15:30, the Defendant embezzled the sum of KRW 205,500, including the sum of KRW 8,000 on the face value of fakes, which is the above restaurant delivery center located in the area of the Yacheon-si, Seocheon-si, Seocheon-si, the Republic of Korea (U.S.).

3. The Defendant is a person who, around January 7, 2013, hired “K” operated by the victim JJ in Daegu Suwon-gu I as delivery source and engaged in delivery and collection of money.

On January 7, 2013, the Defendant embezzled 58,00 won and 22,000 won and 30,000 won for the purchase of sports lottery tickets, and 110,000 won for the victim’s market price on which the Defendant was on board for delivery, and 600,000 won for the victim’s market price on which the Defendant was on board for delivery, and 1,000 won for the victim’s commercial storage on behalf of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to C and J;

1. G statements;

1. Certificate of completion of report on use of two-wheeled automobiles and estimates;

1. Previous records: Application of Acts and subordinate statutes to each investigation report (including attachment of the same-class judgment, confirmation of facts concurrent with the latter part of Article 37 of the Criminal Act, and accompanying materials);

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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