beta
(영문) 의정부지방법원 고양지원 2013.09.27 2013고단516

업무상횡령등

Text

Imprisonment with prison labor for the crimes of Articles 2 through 8 in the judgment of the defendant 1, and one year and eight months for the crimes of Articles 2 through 8.

Reasons

Punishment of the crime

[criminal power] On December 26, 2008, the Defendant was sentenced to eight months of imprisonment for fraud, etc. in the Jung-gu District Court Goyang Branch of the District Court on February 14, 2009, and the above judgment became final and conclusive on August 24, 2009, the execution of the above sentence was terminated in the medical prison on August 24, 2009, and on September 8, 2010, the judgment became final and conclusive on September 16, 2010.

【Criminal Facts】

"2013 Highest 516"

1. The Defendant is a person who, from January 2005 to early 2008, served as a motor vehicle seller in the Gangseo-gu Seoul Metropolitan Government Used Motor Vehicle Trading Company (G) located in the Gangseo-gu Seoul Metropolitan Government, which was operated by the victim E from January 2005 to early 2008.

Around January 15, 2007, the Defendant purchased and sold a rocketing used vehicle with the victim’s funds, and received five million won from the purchase price and embezzled it for the victim’s business. Around that time, the Defendant arbitrarily consumed the vehicle and embezzled it.

In addition, from around that time to June 29, 2007, the Defendant arbitrarily consumed the sum of 2,436,000 won as shown in the attached Table (1) and embezzled while on duty for the victim.

2. Around July 30, 2011, the Defendant embezzled the Defendant’s embezzlement by arbitrarily disposing of and without returning it on October 30, 201, at a rental store for the victim I’s electronic equipment located in the Goyang-dong-gu, Yongsan-gu, U.S. H, under the custody of the victim by lending an amount equivalent to KRW 450,000,000 to KRW 450,000.

In addition, from around that time to September 25, 2012, the Defendant embezzled goods worth KRW 7,450,000 in total on three occasions, such as the list of crimes (2) as shown in the attached Table of Crimes (2), for three victims.

3. On February 18, 201, the Defendant was in Seoul Gangnam-gu, Seoul, and even if the Defendant did not have the intent or ability to pay the purchase price on the same day even if the ownership of the BMW car owned by the victim K was transferred, the Defendant would not make the said car to the victim K.