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(영문) 인천지방법원 2014.10.02 2014고단814

업무상횡령

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a person who conducts used cars trading business in a stock company B.

On December 2, 2013, the Defendant entered into a contract with the victim D to sell the EWzC car at the market price equivalent to KRW 25 million owned by the victim and kept the said vehicle for business purposes.

Nevertheless, around the 24th day of the same month, the Defendant borrowed money from H from G in Nam-gu Incheon Metropolitan City, and embezzled it as security.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement made to D by the police;

1. Certificate of automobile transfer;

1. Application of Acts and subordinate statutes to a criminal investigation report;

1. Relevant Article 356 of the Criminal Act, Articles 356 and 355 (1) of the Criminal Act, the reasons for sentencing selective to imprisonment with labor;

1. The scope of the recommended punishment according to the sentencing guidelines (a decision on a type of embezzlement) and the scope of the recommended punishment (a decision on a type of embezzlement and breach of trust (a decision on a type of recommendations less than KRW 100 million) (a decision on a type of recommendations) - April

2. The sentence shall be sentenced in light of the fact that the decision of the sentence was not completely restored, and considering the fact that there is no same criminal record.