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(영문) 인천지방법원 2019.06.13 2019고정198

횡령

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 6, 2017, the Defendant accepted the request from the victim B to purchase a secondhand car, and received the transfer from the victim to the bank account (E) in the name of the defendant C on June 9, 2017 and used it for personal use around that time.

Accordingly, the defendant embezzled 8.5 million won of the victim's money.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police interrogation protocol against the accused;

1. Each police statement concerning B;

1. A complaint;

1. Investigative Report (Presentation of Materials of Suspect and Statement of Complainant) (Defendant and defense counsel) (hereinafter “the instant money”) 8.5 million won received from the victim who is the defendant

Of them, only KRW 7.5 million was paid as the purchase price for the vehicle. The Defendant alleged that the vehicle that the Defendant intended to purchase for the victim had already been sold, and that the Defendant was not embezzled because it was used for the purpose of the agreement to purchase the vehicle parts of the company. However, the Defendant stated in the first investigative agency that the vehicle intended to purchase for the victim was sold and offseted with the claim held by the Defendant against the previous victim. ② The victim stated in the investigative agency that “the instant money was used for the purchase of the vehicle parts.” ③ Even according to the Defendant’s assertion, the victim first stated in the investigative agency that the Defendant’s claim that “the instant money was used for the purchase of the vehicle parts.” < Amended by Presidential Decree No. 28500, Jun. 6, 2017; Presidential Decree No. 20100, Nov. 2, 2017; Presidential Decree No. 20688, Feb. 1, 2017>