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(영문) 대전지방법원 천안지원 2014.10.23 2013고단1261

횡령등

Text

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

Reasons

Punishment of the crime

[2013 Highest 1261] The Defendant, while operating the car industry company in the name of “D” located in Seo-gu, Seoan-gu, Seoan-gu, Seoan-gu, had the imported vehicle repaired at a low cost compared to the official maintenance business establishment. On May 2012, 201, the Defendant embezzled the Defendant’s property by arbitrarily evading the total market value of KRW 15,069,000 in the market value of the 43 items, such as the L/C, in a car, while being requested to repair the 2009 Fenz car from the victim E, and kept the said vehicle for the victim.

[2013 Highest 1426]

1. On November 29, 201, the Defendant: (a) received a request for repair of the JWW car damaged by an accident from the victim I (40 years of age); (b) due to the difficulty in the purchase of parts, etc., the Defendant was urged from the victim to repair the vehicle; and (c) the Defendant was required to obtain a demand for repair of the vehicle from the victim to repair the vehicle. In fact, in order to establish the automobile maintenance factory, the Defendant need to obtain a certificate related to high-priced equipment, such as the chief prosecutor’s fee, board fee, and color equipment, in addition to the deposit, in addition to the deposit, the Defendant was unable to purchase high-priced equipment due to the lack of any particular property or import; and even if the Defendant did not have the certificate of qualification related to the automobile maintenance, even if he did not have the intent or ability to construct the automobile maintenance factory and to repair the vehicle; and (d) around December 20, 201, in order to repair the vehicle from the victim, it is necessary for the said victim to repair the vehicle.

If the rental deposit is lent, the maintenance factory is established, and the vehicle is repaired, and the money shall be paid up to January 8, 2013.