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(영문) 청주지방법원 충주지원 2017.01.13 2016고단162

횡령

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 2012, the Defendant may receive a loan up to KRW 90 million on the face of the settlement of mortgage by purchasing 25.5 tons of a dump truck at the request of the Defendant to inquire into the method of receiving a loan from the policeman C on November 201.

B. If a loan is granted by purchasing dump trucks under the name of four (C) because it is impossible to purchase dump trucks under the name of a bad credit bad credit, an installment will be confirmed and repaid.

“Around November 23, 2012, C had C purchase a dump truck D 25.5 tons in the market value under C’s name, and at the same time set up a mortgage on Arop truck, and had C borrow KRW 91 million in the name of the purchase price of the vehicle.

After that, on December 24, 2012, the Defendant received dump trucks from C at a dump truck (hereinafter referred to as “Sump truck”) on a dump truck (hereinafter referred to as “Sump truck”) and at the time, there was an agreement between the Defendant and C on the repayment of all the loan principles for the dump truck (hereinafter referred to as “Sump truck). As such, the Defendant was obligated to store the instant truck for C or return it at the request of C until the repayment of all the loan principles for the dump truck.

Nevertheless, around May 2013, the Defendant transferred this dump truck to a person with no name in return for borrowing KRW 10 million from a person with no name-based corporate bonds in the vicinity of the Cheongdong-dong, Soung-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, in return for borrowing KRW 10 million from a person with no name-based corporate bonds without consent of C.

Accordingly, the Defendant embezzled C’s property.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. A protocol concerning suspect interrogation of C by the prosecution;

1. Statement made by the police for E;

1. A detailed statement of transactions with each free savings;

1. Details on the submission of a report by facsimile (revision of the amount thereof) and the receipt of principal and interest on each complaint, each time discrimination;

1. Application of Acts and subordinate statutes of the Construction Machinery Register;

1. The relevant Article of the Criminal Act and Article 355(1) of the Criminal Act’s selection of punishment for the crime (opportune of imprisonment) are as follows.