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(영문) 서울남부지방법원 2020.03.27 2019고단6516
횡령등
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The defendant shall be punished by imprisonment with prison labor for two months and by imprisonment for four months with prison labor for the crime No. 2 of the judgment.

Reasons

Punishment of the crime

On November 15, 2018, the Defendant was sentenced to imprisonment with prison labor for one year for a violation of the Act on the Control of Narcotics, Etc. at the Suwon District Court on November 15, 2018, and the judgment became final and conclusive on November 23, 2018.

"2019 Highest 6516"

1. On September 16, 2015, the Defendant: (a) agreed to compensate the Defendant for KRW 2 million on the ground that the contract for the transfer and takeover with the victim M was not properly performed due to the cause attributable to the victim; and (b) made the Defendant keep the NF car equivalent to KRW 13.5 million at the victim’s market price as security for the said compensation.

While the Defendant kept the said vehicle for the victim, on September 2015, the Defendant borrowed 2 million won from the person who was unaware of his name from the person who was unaware of his name, and provided the said vehicle as security owned by the said victim at his own discretion without the consent of the victim.

Accordingly, the defendant embezzled the victim's property.

"2019 Highest 6673"

2. Any person who violates the Act on the Control of Narcotics, etc. (flavoring) shall be prohibited from selling and buying psychotropic drugs-related Metephacule (a single philopopon; hereinafter referred to as “philopon”), and the defendant is not a person handling narcotics.

Nevertheless, at around 21:00 on August 17, 2019, the Defendant received KRW 300,000 from Q to Q as the price for the opon, and delivered approximately 0.3g of opon to Q to sell opon.

Summary of Evidence

[1] Paragraph 1 (2019 Highest 6516)

1. Statement of the accused in the first protocol of trial;

1. Police suspect interrogation protocol of the accused;

1. The police statement of M;

1. Copy of the register of automobiles;

1. Previous convictions indicated in the judgment: Paragraph (2) (A) of the judgment of the court below (2) (2019Sang673);

1. Statement of the accused in the first protocol of trial;

1. Each police suspect interrogation protocol against Defendant and Qua

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