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(영문) 부산지방법원 동부지원 2016.04.26 2016고정244

횡령

Text

Defendant shall be punished by a fine of KRW 1,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On June 2014, the Defendant was entrusted with the scrapping of vehicles by the victim E, who was a female-born victim, while serving as an employee at the D Motor Vehicle Maintenance Business Center located in Busan Metropolitan City, on June 2014, as a staff member of the D Motor Vehicle Maintenance Business Center, and was severely damaged due to traffic accidents.

On July 3, 2014, the Defendant knew that he may receive more money than scrapped at a more low price. On July 3, 2014, the Defendant sold the said vehicle to G for KRW 4,50,000,000,000,000 after deducting various administrative fines, etc. from the above 4,50,000 won, from the 4,570,000 won to the account of the victim, and then arbitrarily consumed the remaining 2,50,000 won with the Defendant’s agricultural bank account (Account Number H).

Accordingly, the defendant embezzled the victim's property.

2. On August 18, 2014, the Defendant: (a) on June 2014, when he/she was delegated by the victim of the vehicle maintenance business establishment listed in paragraph (1) of the above, to dispose of the said vehicle from the victim; and (b) was delegated to the claim for payment of compensation for the portion not covered by the air bags.

The Defendant raised an objection to I, I, I, and arbitrarily consumed the above money for living expenses, etc. while receiving KRW 1 million as consolation money for an accident from I, but was transferred to the above agricultural bank account of the Defendant.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes of each police statement protocol to E and G;

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 of the Criminal Act concerning the selection of punishment (Optional to a punishment);

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The order of provisional payment;