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(영문) 대구지방법원 김천지원 2018.10.17 2018고단421
횡령
Text

A defendant shall be punished by imprisonment for not less than two 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 June 29, 2018, the Defendant was sentenced to a suspended sentence of two years in the June of 2018, which was sentenced to two years of imprisonment with prison labor for the crime of bodily injury, and the judgment became final and conclusive on July 7, 2018.

On October 4, 2015, the Defendant: (a) at the Defendant’s residence in Kimcheon-si, Kimcheon-si; (b) at the Defendant’s residence, the Victim D stored the store in lieu of folklore received from E as a substitute for repayment; and (c) the sales proceeds of KRW 10 million was agreed to return to the victim; and (d) up to October 23, 2015, the Defendant kept 30 points of folklore worth KRW 10,160,000 in total from the damaged person’s market price from around October 23, 2015.

While the Defendant kept the above folklore for the victim, the Defendant arbitrarily sold or exchanged part of the said folklore from July 2017 to December 2017 at an irregular place, or arbitrarily used the said folklore for personal use, etc. without returning it to the victim.

Accordingly, the Defendant embezzled 6.5 million won for sales of folklores and folks and f.5 million won for sales of folks and folks and f.5 million won for f.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to D;

1. Each written confirmation;

1. Details of folklores, details of folklores first requested to be kept, photographs of folklores, remaining folklores;

1. Previous convictions: A reply to inquiries, such as criminal history, written indictment, and application of the text of the judgment;

1. Article 355 (1) of the Criminal Act, and the choice of imprisonment, comprehensively, with prison labor, under Article 355 of the Criminal Act and the choice of applicable laws and punishment for the

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The main sentence of Article 62 (1) of the Criminal Act;

1. Although the amount of embezzlement for the reasons for sentencing under Article 62-2(1) of the Social Service Order Criminal Act is not smaller than the amount, the victim was finally receiving KRW 10 million, and the victim was employed for the defendant with regard to specific methods, such as how to sell the individual curios.

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