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(영문) 수원지방법원 2018.05.10 2017고단6721

횡령등

Text

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

Reasons

Punishment of the crime

The Defendant is a person who has been employed as an employee in charge of dispatch from “C”, which is a cargo transport company.

1. Embezzlement;

A. On January 2017, the Defendant promised to purchase and register a wing D truck (F) for the victim, and return the remaining money to the victim E, who wishes to purchase the vehicle at the office located in the Seocho-gu Office D, Seo-gu, Cheongju, and make profits from the purchase of the vehicle and purchase of the vehicle to obtain KRW 100 million and the maintenance cost of the vehicle for one month and KRW 118 million in total (vehicle repair cost and article monthly wage).

On February 2, 2017, the Defendant deposited KRW 117,925,00,00 (credit for loan fee) that the victim borrowed from the capital company called Hyundai Kersh social, with KRW 17,925,00,00, after subtracting KRW 23,468,05, which was directly deposited to G of the said vehicle, with the Agricultural Cooperative Account (H) in the name of the Defendant, and used KRW 94,45,000, including KRW 23,468,005, including KRW 90,000,00, with the vehicle purchase cost, KRW 3,863,30, with the vehicle’s registration cost, KRW 1,170,00, KRW 30,00 with the vehicle repair cost, KRW 3,20,00 with the engineer’s wage, KRW 98,233,30,30,00 with the vehicle repair cost.

Of the above loans, the Defendant embezzled KRW 19,691,670 remaining after using KRW 98,233,30 for the purchase cost, etc. of vehicles, without returning to the victim the amount of the Defendant’s debt repayment and living expenses.

B. The Defendant: (a) received the sum of KRW 40 million from the victim E on January 18, 2017; (b) KRW 10 million on January 25, 2017; and (c) KRW 40 million on February 13, 2017, from the Defendant under the name of the Defendant, to the agricultural bank account in the name of the Defendant, under the pretext of purchasing the number plate of the freight vehicles listed in the above paragraph (a); and (d) around that time, he used KRW 35 million on the purchase of the number plate for the victim; and (e) embezzled the remainder five million on the part of the Defendant’s living expenses, etc. instead of returning to the victim, unlike the initial promise.

2. Fraud;

A. On February 2017, the Defendant: (a) at the restaurant called the “J” located in Seo-gu Seoul Special Metropolitan City, Seo-gu I; and (b) at the registry number board.