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(영문) 대구지방법원 서부지원 2016.04.29 2016고단165

횡령등

Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of six months.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

1. The sole criminal conduct of Defendant A;

A. From July 2012 to May 2015, the Defendant purchased used cars in the name of “F” company with the victim’s funds from the “F” used cars trading from the “F” used cars company in Daegu Seo-gu, and decided to return the principal to the victim and settle the proceeds from sale and purchase with the victim’s funds.

Around February 16, 2015, the Defendant received KRW 8.5 million from the injured party to the “F” company for the purchase price for the Clostler’s used vehicle under the name of “F”, and purchased G detaileding vehicle under the name of “F”. On April 28, 2015, the Defendant embezzled 8.5 million won, excluding vehicle repair cost, etc., for the victim from the purchase price that he/she acquired by selling the vehicle, and then embezzled it for the personal debt repayment purpose of the Defendant around that time.

B. On January 14, 2015, the Defendant: (a) around January 14, 2015, at the used car company of the “F” used cars, the Defendant sent the victim H the vehicle to the vehicle of Mazar.

If a person lends money, he/she shall purchase and sell this vehicle and pay the money with the proceeds.

The phrase “ makes a false statement.”

However, in fact, the Defendant was urged to pay the debt amounting to KRW 180 million at the time, and the financial status of the Defendant’s 400,000 won of the studio’s studio where the Defendant was living was significantly deteriorated, and even if the Defendant purchased used cars borrowed money from the victimized party due to the lack of certain property or fixed income, the Defendant had no intention or ability to pay the money to the victim.

The defendant deceivings the victim as above and received from the victim the delivery of KRW 15 million under the name of the borrowed money around that time, and from that time until April 11, 2015, five times in total from the victim, such as the statement in the list of crimes in the attached Form.