beta
(영문) 인천지방법원 2015.01.23 2014고정268

횡령

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who sells used cars.

On June 11, 2012, the Defendant: (a) sold vehicles of the victim C (D) within Gangnam-gu Seoul Metropolitan Government BA Dong 207; and (b) agreed to pay the price of eight million won; and (c) delivered the said vehicles from the victim; (d) entrusted E with the sale of vehicles of the victim; and (e) from May 12, 2012, the Defendant entrusted E with the sale of vehicles of the victim.

6. Until December 12, 198, while receiving KRW 8 million from E and being kept, the victim paid KRW 500,000 to KRW 5.5 million and embezzled at will by using KRW 2.5 million.

Summary of Evidence

1. A protocol of partial police interrogation of the accused;

1. Each police statement concerning C and F;

1. E statements;

1. A report on investigation by telephone;

1. Application of Acts and subordinate statutes to the details of passbook transactions and certificate of automobile transfer;

1. Relevant Article 355 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.