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(영문) 수원지방법원 안산지원 2015.01.13 2014고단2708 (1)
업무상횡령
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 3, 2014, the Defendant acquired stolens by purchasing KRW 2,356,40,00 in total from July 2014 to October 14, 2014, 10 to October 10, 2014, the scrap metal 980km owned by the victim G, which he/she embezzled with F, in collusion with F, in collusion with F, by purchasing stolens at KRW 2,356,40,00, in total, from July 2014 to October 14, 2014, after being aware that it was stolen.

Summary of Evidence

1. Each legal statement of the defendant, F, and E;

1. Each protocol of suspect examination of the accused, F, and E by the prosecution;

1. The police statement concerning G;

1. Detailed statement of purchase by transaction parties, such as a photograph of each black box, each GaPS data, each letter, a business registration certificate, a copy, and a statement of purchase by transaction parties;

1. Application of Acts and subordinate statutes to investigation reports (related to copies of books A by suspects);

1. Relevant Article 362 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. It is reasonable to view that the above defendants purchased scrap metal from the defendants on the grounds of sentencing under Article 62(1) of the Criminal Act on the suspension of execution, and that the above defendants are sufficiently aware that the pertinent scrap metal is a stolen article in light of the fact that the defendants engaged in the scrap metal purchase business should pay attention to prevent the acquisition of stolen articles.

However, the above punishment is determined by taking into account the following circumstances: (a) the defendant is made a confession on behalf of the defendant, and there is no criminal conviction exceeding a fine; (b) the elderly is currently old; (c) the character and conduct of the defendant, his character and environment; and (d) the motive, background, means and consequence leading up to the crime of this case; (c) the circumstances

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