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(영문) 수원지방법원 2018.08.09 2018고단1730

횡령등

Text

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

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On September 4, 2014, the Defendant was sentenced to one year and six months of imprisonment for fraud, etc. at a flood control center, and the execution of the sentence was terminated at the flood control center on October 16 of the same year.

【Criminal Facts】

1. On August 14, 2017, the Defendant embezzled Co., Ltd., D Co., Ltd.’s office operated by the Defendant in Suwon-si, Suwon-si B and C, and via D Co., Ltd., Ltd., the Defendant, both of which were known to the general public, and via E, the land owner, the Defendant: (a) “A passenger New-FT bus in the G Co., Ltd. Co., Ltd., Ltd., with H 25 KRW 40 million; and (b) if we send money, the Defendant would pay the down payment for the bus sales contract and then purchase the bus later.

The term "the new compromise in the name of the defendant in the name of the said victim on the same day was transferred from the said victim as the purchase price for the said bus on the same day to the same account on the 17th day of the same month, including the remittance of KRW 2 million to the same account on the 18th day of the same month, and the sum of KRW 5 million to the I account in the name of the defendant on the 21st day of the same month, including KRW 5 million.

As above, while the Defendant kept KRW 25 million in the name of the bus purchase price for the said victim, he paid only KRW 15 million to the seller J operating the said LAB as the purchase price, and voluntarily consumed the remainder of KRW 10 million as the Defendant’s personal debt repayment amount, etc. on August 2017.

Accordingly, the defendant embezzled the victim's property.

2. In order to receive money in the name of the bus purchase price from F as set forth in paragraph 1 of the above paragraph, and to raise F, the Defendant and the representative of the G in charge of the dispute settlement in the form of KRW 40,000,000, a bus sales contract was forged to display it to F, as if the bus sales contract was concluded smoothly.

On August 21, 2017, the Defendant, at the office of the Defendant as described in the foregoing paragraph (1) around August 21, 2017, via a black pen on the “bus purchase and sale contract” paper printed on a computer, “H, New-TT, 25 man.”