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(영문) 인천지방법원 2015.10.08 2015고단2817

횡령등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

"2015 Highest 2817"

1. The Defendant is a person who is engaged in the trade or brokerage of used freight vehicles through (State)C.

On September 25, 2014, the Defendant entered into a contract with the victim G to sell the said cargo at KRW 88 million on behalf of the victim F, who is the owner of the freight 4.5 tons of the E4.5 tons of the D Building, at the office of (State) office in Nam-gu Incheon Metropolitan City, Seoul.

Accordingly, the Defendant received KRW 1 million from the victim as down payment, and embezzled it for personal use around that time while receiving KRW 83 million from the victim, such as receiving KRW 20 million around the 29th day of the same month to the Defendant’s Nonghyup Bank (H), KRW 15 million around the 30th day of the same month, and KRW 47 million around the 47th day of October of the same year.

"2015 Highest 3887"

2. The accused is a person who assists in trucking transport business, and the victim I is a person who is seeking.

Even if the defendant receives the vehicle price and the number plate price from the victim, the defendant did not have the intent or ability to purchase the truck and to seek the job.

Nevertheless, on April 30, 2015, the Defendant concluded that the “K Freight Sales Complex” located in Pyeongtaek-si J provided the victim with the “vehicle price, the number plate cost, and the value added tax, etc., so that he/she will be employed as transportation service in the (ju) Sk if he/she shows that he/she would be employed in a transportation service at the (ju) Sk Freight Market located in Pyeongtaek-si.”

As above, the defendant deceivings the victim as above, and thereafter, 50,000 won under the name of contract deposit from the national bank account (L) in the name of the defendant around that time, from the victim.

5. From May to March 13, 200, KRW 71.5 million was remitted as vehicle purchase price, KRW 6.6 million was remitted as vehicle number plates around the 18th day of the same month, and KRW 85.6 million was remitted as value added taxes around the 22th day of the same month.

Accordingly, the defendant was given property by deceiving the victim.

"2015 Highest 4323"

3. The Defendant is embezzled on April 2014.