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(영문) 서울중앙지방법원 2016.08.31 2015고단2206

횡령

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

Defendant 2206 is a person who is working as a D staff member of the 2015 Highest Group 2206, who has been engaged in the purchase and sale of used vehicles and the affairs related thereto.

On April 11, 2014, the Defendant received KRW 13 million from the victim G, a secondhand trading company in Seoul E, to purchase and request math cargo vehicles from the victim G, and immediately transferred KRW 13 million as the purchase price for the vehicle from the victim, to the Agricultural Cooperative account in H.

While the Defendant kept the said money for the victim, he/she embezzled the said money by using the total amount of KRW 40 million, which he/she received over five times from around that time to May 12, 2014, as shown in the List of Crimes, as well as the embezzlement of personal debt repayment, purchase of other vehicles, etc.

Defendant 2552 is a person who is working as a D staff member of the 2015 Highest Group 2552 in Pakistan and has been engaged in the purchase and sale of used vehicles and the entrustment of affairs related thereto.

On December 23, 2014, the Defendant received KRW 2.5 million, including KRW 22,70,000,000,000 from the said passbook via the Agricultural Cooperative in the name of H, upon receipt of a request to purchase and request for the purchase of 4.5 tons of cargo vehicles from the office of the victimJ located in Pakistan-si, Pakistan-si, and immediately received money via the said passbook over four occasions around 30,00,00 won, from the said passbook to the Agricultural Cooperative in the name of H.

While the defendant kept the above money for the victim, he used 1 million won as the purchase deposit for the above cargo vehicle and embezzled the remainder by consuming it as personal debt repayment, etc.

Summary of Evidence

[2015 Highest 2206]

1. Statement of the defendant in the first trial record;

1. Statement of the police statement related to G;

1. Details of transactions in a passbook (No. 9 No. 2015 [Attachment 2552]

1. Statement of the defendant in the first trial record;

1. Statement made by the police to J;

1. Application of Acts and subordinate statutes to the investigation report (No. 7 No. 5 of the evidence list);

1. Article 355 of the Criminal Act and Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment.