[2013 Highest 5431] When a sales contract for a used vehicle is concluded as a used vehicle buyer of the Seo-gu, Seo-gu, Gwangju, the Defendant has been carrying out the business of depositing the remainder after deducting the fees from the victim's deposits on behalf of the buyer of the used vehicle, on behalf of the buyer of the used vehicle.

1. Around April 3, 2013, the Defendant: (a) found the victim’s company’s customer counseling room on the first floor of the Seo-gu Seoul Special Vehicle Trading Complex along with G with G; and (b) prepared and submitted a written application for a heavy discount to the effect that G would apply for a used vehicle loan of KRW 15 million to his/her employees for the purchase of an I Ors used vehicle.

Accordingly, on April 4, 2013, the Defendant received transfer of KRW 15 million from the victim to the Agricultural Cooperative account in the name of the Defendant to the above used cars under the name of the Defendant, and did not deposit it to the seller of used cars, and used it at will on the pretext of the Defendant’s personal debt repayment, etc.

Accordingly, the defendant embezzled the victim's property.

2. On April 11, 2013, the Defendant filed an application with K to the effect that K applied for a used vehicle loan of KRW 20 million in purchasing L C200 K automobiles by the same method at the same place. On April 12, 2013, the Defendant received a remittance from the victim to the Agricultural Cooperative Account in the name of the Defendant, and used the money for the purpose of paying the Defendant’s personal debt, etc. around that time.

Accordingly, the defendant embezzled the victim's property.

[2014 Highest 955] The Defendant is a person engaged in the sales of used cars, and the victim J also used cars.