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(영문) 서울동부지방법원 2017.06.23 2017고단829

업무상횡령등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. The Defendant served as a temporary employee at the Seoul Eastern District Court Enforcement Office B located in Jyang-dong, Seoul, Gwangjin-gu, Seoul, from December 1, 201 to October 31, 2016.

On May 30, 2014, the Defendant suspended auction proceedings due to the death of the victim D by the vehicle owner from the Seoul Eastern District Court Execution Office C on May 30, 2014, and caused the EM3 car and the vehicle number plate to be kept in custody in the Seoul Eastern District Court Execution Office.

On June 19, 2014, the defendant taken off the vehicle number plate of the above SM3 vehicle from the office in custody of the defendant at the Seoul Eastern District Court's execution office around June 19, 2014.

In Seoul East Eastern District Court, the said SM3 car was voluntarily attached to the above SM3 car that was parked in the parking space of the Seoul East Eastern District Court, and this car was used for the purpose of the defendant's commuting to and from work, personal travel, etc. after purchasing an automobile comprehensive insurance policy in the name of the defendant.

Accordingly, the defendant embezzled the property owned by the heir of the victim D, who was under his/her business custody.

2. Violation of the Automobile Management Act;

(a) No person other than an owner of a motor vehicle or a person entrusted with matters concerning the operation of a motor vehicle by a motor vehicle owner shall operate the motor vehicle;

Nevertheless, as set forth in paragraph 1, the Defendant embezzled the EM3 car owned by the heir of the victim D, and operated the said car at a total of 46,671km from June 19, 2014 to June 19, 2016 when the Defendant, located in Songpa-gu Seoul Special Metropolitan City, Gwangjin-gu's dwelling at the Defendant's dwelling located in Songpa-gu Seoul Special Metropolitan City, to the Eastern District Court located in the Seoul Special Metropolitan City, Gwangjin-gu, Seoul Special Metropolitan City, or traveling across the country at the weekend.

As such, the Defendant operated the said SM3 Motor Vehicle even though he was not entrusted with matters concerning the operation of the motor vehicle from the owner of the motor vehicle or the owner of the motor vehicle.

(b).