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(영문) 대구지방법원 서부지원 2019.10.15 2018고단1432
횡령
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On September 1, 2017, the Defendant was asked to keep in custody approximately KRW 22,00,000,000,000,000 from the victim B, who was detained in Ulsan-gun, Ulsan-gun, U.S., U.S., the amount of 103-9,000,000,000,000 won, such as 1,000,000,000,000,000,000,000,000,000,000,000,000.

When the defendant's children in China were involved in the assault case around October 2017 while keeping the above goods held in custody for the victim, the defendant consumed the amount of KRW 19 million out of the goods held in custody for the purpose of settlement agreement.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Application of Acts and subordinate statutes to a copy of delegation contract of case and a ledger for returning goods kept in custody;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) that the defendant recognizes the crime of this case; Article 62 (1) of the Criminal Act provides that there is no criminal record against the defendant; and Article 62 (1) of the Criminal Act provides that detention of the defendant is deemed to entail

1. Probation and community service order under Article 62-2 of the Criminal Act;

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