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(영문) 수원지방법원 안산지원 2014.09.05 2013고단1368

횡령

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person who is engaged in trucking transport business under the trade name called (State) D Logistics in Yeongdeungpo-gu Seoul Metropolitan Government, and the victim E and the victim F are a person who purchases a truck with the introduction of the defendant and engages in trucking transport business.

1. Around June 18, 2012, the Defendant: (a) at the victim E Logistics Office, the Defendant: (b) received a loan from the victim E; (c) received a loan to purchase the cargo; (d) received a loan to purchase the cargo; and (e) delegated the business of loan to purchase the cargo; and (e) received a loan from the victim to the Defendant’s bank account (G) received KRW 2 million under the pretext of the introduction fee from the victim on June 25, 2012.

On June 25, 2012, the Defendant introduced the victim’s business employees H of the other treative tea (ju) to the victim at the above (ju) D Logistics Office, and the above H took out a loan of KRW 159,925,00 from Samsung Capital to the foreign exchange bank account (I) for other treatment purposes, and then remitted KRW 31,474,00 among them to the 31,474,00 in the case of vehicle reconstruction expenses.

On June 26, 2012, the Defendant: (a) knew of the fact that the cost of remodeling for stables was merely KRW 13,500,000; (b) calls to the said H to transfer the remainder of KRW 17,974,00 to the Defendant’s account; and (c) accordingly, H to the said State’s personnel L to transfer KRW 17,974,000 from the Defendant’s J account to the Defendant’s Bank’s account (G) account; and (d) around that time, the Defendant arbitrarily used KRW 17,974,00 that was remitted to the Defendant’s office operation expenses, etc. while being kept for the victim.

Accordingly, the Defendant embezzled the victim’s money of KRW 17,974,00.

2. On July 2, 2012, the Defendant purchased cargo vehicles with a loan granted to the victim F, who was found at the above (D) D Logistics Office to report on the solicitation of land borrowers, and to the victim F, who purchased the cargo vehicles with a loan granted.