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(영문) 서울서부지방법원 2016.04.20 2014고단3183

횡령

Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of the facts charged

A. The Defendant committed a crime related to CMW vehicle is in a partnership with the establishment of E Co., Ltd. (hereinafter “E”) with the purpose of transporting business by investing funds jointly with the victim D, etc.

On April 21, 2010, the Defendant entered into a sale and purchase contract to purchase the CMW vehicle at the 9th floor, Hyundai Capital Office, Inc., 1128-10 Hyundai Marine Building, Dong-gu, Incheon, Seoul, in an amount equivalent to KRW 21,50,00,000, monthly payment shall be made in installments for 36 months each month. On the same day, the Defendant created a mortgage on the said vehicle in the name of the said company. On March 21, 201, the Defendant leased the said vehicle to the F, who was aware of the said vehicle and used it, and refused it without justifiable grounds even after receiving a demand from the injured party for return of the said vehicle on July of the same year.

B. The Defendant, at the same place as on May 11, 2010, concluded a sales contract to purchase GMW vehicle in the name of the victim E in an amount equivalent to KRW 30,000,00,000, monthly payment of KRW 1,257,172 each month. The Defendant created a mortgage on the said vehicle in the name of Hyundai Capital Co., Ltd. around the 12th of the same month, and around March 201, sold the said vehicle to the said F in an amount of KRW 35,00,000. around February 14, 2011, the Defendant received KRW 10,000,000 out of the price from the victim’s personal account under the victim’s personal name and received KRW 3,06,000 from the victim’s personal account in an amount of KRW 30,000 to the victim’s personal consumption of KRW 60,000,600 for the said personal consumption of KRW 30,500.

2. Determinations are examined, and this Court has duly adopted and investigated.