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(영문) 대전지방법원 천안지원 2015.06.18 2014고단1439

횡령등

Text

A person shall be punished by imprisonment with prison labor for not less than four months, and a person who is punished by imprisonment with prison labor for not less than eight months.

(b).

Reasons

Punishment of the crime

On January 8, 2014, the defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act at the Daejeon High Court on January 8, 2014, and the judgment became final and conclusive on January 16, 2014.

1. At the end of June 2013, the Defendant: (a) received a request from the director E in charge of the Korea Development Bank Co., Ltd. (hereinafter referred to as “Rayer, etc.”) to sell the log, cut, dominer, and forker, etc. (hereinafter referred to as “Rayer, etc.”) from the director of the Korea Development Bank; and (b) around that time, identified the F to purchase the above log, etc.

Around August 2013, the Defendant heard from F that the victim G would purchase the logs, etc., and received from E the proxy seal affixed to DB and the registration certificate of construction machinery such as the above logs, etc. from E, and made F enter into a sales contract with the victim as his agent, and had F enter into a sales contract with the victim as his agent, and 10,000,000 won in the name of the contract deposit, and 5,000,000 won in the form of the contract deposit, the Defendant decided to use it at will by receiving from F to the account.

Accordingly, while the defendant kept 5,00,000 won out of 10,000,000 won, for the victim G, he did not deliver it to the Dispute Resolution Co., Ltd., and embezzled by arbitrarily consuming it.

2. On October 28, 2013, the Defendant filed a criminal complaint from G in the form of fraud, such as F, from G around October 28, 2013. The Defendant filed a criminal complaint from G, with F as if he/she did not have any responsibility, and had the Defendant thought to avoid criminal liability.

On April 14, 2014, the defendant prepared a complaint stating that "F has the right to sell the route, etc. owned by the complainant and the DB without the consent of the DBBA, and received the down payment interest (or KRW 0 million) from G in accordance with the equipment sales contract, which is based on the DBA, and submitted it to the astronomical Office of the Daejeon District Public Prosecutor's Office around April 16, 2014 through a correctional officer in the name of the Seoan prison.

However, the facts are that the defendant delegates F with the authority to sell the four stock owned by the DB Co., Ltd. to F.

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