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(영문) 수원지방법원 평택지원 2015.06.26 2015고단653

업무상횡령

Text

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

Reasons

Punishment of the crime

From October 2013 to December 2, 2014, the Defendant has been engaged in the business of purchasing and selling secondhand cars as a salesperson of the secondhand car trading company run by F in Pyeongtaek-si E.

1. Around October 26, 2014, the Defendant received a request from the victim G to sell the said passenger car owned by the victim at KRW 11 million from the middle and high-class trading company around the above B at the request of the victim G to sell the said passenger car at KRW 20 million.

The Defendant decided to sell the above-learning passenger car to the International High-Tech Sales Company, and received KRW 8.5 million from the above International High-Tech Sales Company, and used the above-mentioned passenger car sales price for the victim, and used it as the consignment sale price for the vehicle requested by the J in mind at that time.

As a result, the defendant embezzled the property of the victim who was in custody on duty.

2. On May 12, 2014, the Defendant: (a) deposited KRW 8 million in the Defendant’s Nonghyup Bank account and used the Defendant’s personal debt repayment, etc. at around that time while working on behalf of the victim, which was mixed with the Defendant’s secondhand trading company B operated by the said F; and (b) deposited the purchase price for automobiles into the Defendant’s Nonghyup Bank

From around that time to November 17, 2014, the Defendant received transfer of money to the Defendant’s Nonghyup Bank account via the same method five times in total, as shown in the attached list of crimes, and used KRW 5,30,000,000 in total, for the victim, and used the Defendant’s purchase price in mind.

Accordingly, the defendant embezzled the defendant's property while on duty.

3. On August 21, 2014, the Defendant: (a) around August 21, 2014, the Defendant transferred the said vehicle to the borrower in lieu of the payment of the consignment, in lieu of the payment of the consignment, while the Defendant kept the said vehicle from the said F in the name of the named borrower who entrusted the sale of the vehicle for the victim, while the Defendant kept the vehicle from the said F in custody for the victim.

As a result, the defendant embezzled the property of the victim who was in custody on duty.

Summary of Evidence

1. The defendant;