Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[criminal power] On February 14, 2014, the Defendant was sentenced to a five-month suspended sentence for habitual gambling at the Incheon District Court on February 22, 2014, and the judgment became final and conclusive on February 22, 2014. On July 15, 2015, the same court was sentenced to two years of imprisonment for embezzlement, etc., and the judgment became final and conclusive on September 15, 2015, and is currently being executed in the Southern Prison.
【Criminal Facts】
On April 9, 2013, the Defendant: (a) obtained a loan from the victim E as collateral from “D Real Estate” operated by the Defendant in Incheon Strengthening-gun, Incheon; (b) subsequently, on April 9, 2013, he/she embezzled the said land for private use, such as the repayment of debt at his/her own discretion, while setting up a collateral of KRW 75 million with respect to the said land to G and then, (c) lent KRW 49 million with a prior interest, excluding KRW 1 million, for the victim; and (d) subsequently, he/she embezzled the land for private use, such as repayment of debt.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. Full certificate of registered matters, payment order, etc.;
1. Investigation report (to telephone conversations withG and to make statements E with complainants), investigation confirmation (to hear statements with complainants);
1. Previous convictions indicated in the judgment: Application of criminal records, references to criminal records, the status of personal confinement, investigation confirmations (a confirmation of the same type of force, and fact-finding that are ex post concurrent crimes) and statutes;
1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;
1. A sentence shall be imposed in consideration of the circumstances, such as the fact that the reasons for sentencing under the latter part of Article 37 and Article 39(1) of the Criminal Act for concurrent crimes include: (a) the amount embezzled by the Defendant is not specified; (b) the victims have not been agreed upon; and (c) the amount
In determining a specific sentence, all the sentencing factors revealed in the trial process of this case, such as the defendant's age, character and conduct, motive and circumstance of the crime, etc., should be considered in determining a specific sentence, and equality in the case where the defendant has been adjudicated simultaneously with each crime of the first head of the crime in the judgment.