beta
(영문) 의정부지방법원 2014.09.30 2013고단4332

횡령

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

In November 2012, at the office of the defendant in the Namyang-si, Namyang-si, the defendant extended a free loan from the victim E to the FrosVL450 car equivalent to the market price of 14.5 million won owned by the victim, and kept the above Eros car by cutting it.

On March 21, 2013, at the defendant's office located above D's office, the defendant agreed to take over the above Accs car on the condition that the defendant succeeded to the obligation of the victim's agent G and the remaining installments of the above Acs car, 2,945,602 won, and the defendant agreed to take over the above Acs car from G, and held the above Acs car registration certificate, the original copy of the Acs car registration certificate, the certificate of seal impression of the victim's seal impression, and the certificate of transfer of the vehicle with the victim's seal affixed, until the defendant succeeded to the obligation to pay the above Ecs car.

On June 21, 2013, the Defendant did not succeed to the obligation to pay the above Ecubic car at the office of the International Administrative Agency located in H in Yangyang-si, Namyang-si, but did not transfer the above Ecubic car to the Defendant’s name at the office of the aforesaid Ecubic car. On the basis of the fact that the said Ecubic car has the documents necessary for the change of the name of Ecubic car, the Defendant, an employee of the said administrative agent, delegated the above documents, and delegated the above Ecubic car name change to the above Ecubic car name.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Partial statement of the defendant (a statement to the effect that he/she has obtained the victim's vehicle and transferred its ownership to the defendant);

1. Witnesses G and E respective legal statements;

1. E prosecutorial statement;

1. Each police statement of E and G;

1. Recording records;

1. An automobile registration certificate or a certificate of automobile transfer;

1. A complaint;

1. Previous convictions: Criminal records, investigation reports, suspects, repeated crimes, and disqualified for milk collection;