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(영문) 대구지방법원 포항지원 2013.08.29 2013고단542
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 this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant sold a truck of 25 tons of Cenzs Act 25 tons, which he operated, to D around December 2012, and D sold the above truck to E on February 26, 2013.

On March 7, 2013, the Defendant received a telephone from the victim who intends to cancel the right to collateral security established on the said truck at the time of port, and received the amount equivalent to the loan obligation amount for cancelling the car mortgage of the FF corporation established on the said truck, and paid it to F, a collateral mortgagee, from the victim, to the national bank account in the name of the Defendant. On the same day, the Defendant received KRW 12 million from the victim.

As above, while the Defendant was transferred KRW 12 million from the victim as a fund for repayment of the collateral collateral, and was kept for the victim, at around that time, he embezzled such money by arbitrarily consuming it from a member of the Port of Port to his own living expenses, personal debt repayment, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes on police statement to E;

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

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