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(영문) 인천지방법원 부천지원 2014.04.11 2013고단3378

업무상횡령

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a mid-term motor vehicle with motor vehicle sear working in Bupyeong-gu, Nowon-gu, Seoul and is engaged in the business of trading, arranging, etc. of motor vehicles.

1. On June 14, 2012, the Defendant was requested from the victim D to sell BMW 523i automobiles at the victim’s office of the above “C” office around June 14, 2012. The same year.

8. Around October, 100, while selling the said car to E and receiving KRW 23 million from the sales price of the vehicle, and being kept in custody for the victim, he/she embezzled by consuming it for personal use, such as gambling funds, in mind at a day in Bupyeongcheon City around that time.

2. Around September 10, 2012, the Defendant requested the victim D to sell BMW Scookis car at the office of the said “C”, and around the 11st day of the same month, the Defendant sold the said car to F, received KRW 26.7 million from the sales price of the vehicle, and embezzled by consuming it for personal use, such as gambling funds, in mind, at the KRW 26.7 million, on the part of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to a motor vehicle transfer certificate, a borrowing certificate, and a report on investigation (Submission of account transactions);

1. Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act and the choice of imprisonment for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Suspension of execution under Article 62 (1) of the Criminal Act (All circumstances such as the confession of and reflect on the crime by the defendant, and the fact that the victim does not want the punishment of the defendant by mutual consent with the victim);

1. Social service order under Article 62-2 of the Criminal Act;