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(영문) 인천지방법원 부천지원 2019.06.13 2018고단3444 (1)

횡령

Text

The punishment of the accused shall be determined by ten months of imprisonment.

Reasons

Punishment of the crime

The Defendant is an employee of the “D”, who is a senior trading company in Bupyeong-si B and C.

On January 2, 2018, the Defendant requested a consignment sale of GMW M4 C&C car from the victim F and received the said car from the Defendant.

Around March 8, 2018, the Defendant sold the said car to the representative H of D’s “D” office, and was paid KRW 55 million from H around March 9, 2018, and 4.7 million around March 27, 2018, and embezzled the said car for personal use by voluntarily consuming it for the victim around that time.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of F and H;

1. An interrogation protocol of the accused by the prosecution (abundation, part)

1. The protocol of interrogation of the accused by the police officer (in part, referring to the interrogation);

1. Certificate of automobile transfer;

1. The details of I message;

1. Recording notes;

1. The statement of transaction by account [the defendant and his defense counsel obtained a certificate of personal seal impression from the victim for the sale of the vehicle in the name of J, the borrower, and paid 50,300,000 won in cash prepared by the defendant as part of the purchase price, and some of the remainder was remitted to the defendant's side, and the victim denied the receipt of the above 50,330,000 won, and the remainder was not paid to the defendant, and it did not refuse to return it with the intent of embezzlement. However, the defendant promised that "the victim would pay 71,80,000 won to the victim following the sale of the vehicle in this case," and the fact that the vehicle in this case was transferred to H on March 8, 2017 that "the defendant received the certificate of personal seal impression from the victim before March 8, 2017."

The Defendant, in relation to the payment method of the purchase price of the instant car, directly from the lease company to the J account.