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(영문) 창원지방법원 2014.12.16 2014고단2025

횡령등

Text

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

Reasons

Punishment of the crime

[2014 Highest 2025] The Defendant, on May 2012 or June 2012, embezzled the remainder of KRW 24 million, excluding the Defendant’s commission fee, by using the Defendant’s personal debt repayment on the same day while he/she sold the vehicle to the operating members of the equipment in his/her name in order to take weight of 34.5 tons, which he/she owns from the victim B, on the front road of Samsung C4.5 tons of his/her ownership, on the roads of Samsung C&T apartment in Changwon-si, Changwon-si, Changwondong, Changwon-si, and he/she sold the vehicle to the operating members of the equipment in his/her name on October 12, 2012.

[2014 Highest 2719]

1. On January 15, 2014, the Defendant stated that “The Defendant would make payment three days after lending money to the victim D by telephone at the Changwon Motor Vehicle Registration Office located as a member of the window in Changwon-si, Changwon-si.”

However, the Defendant planned to use the borrowed money from the victim to repay the Defendant’s debt, while the monthly income without any specific property at the time is merely KRW 20 million to KRW 3 million, on the other hand, the Defendant did not have any intent or ability to repay the borrowed money after three days even if it borrowed money from the victim.

As above, the Defendant, by deceiving the victim and deceiving the victim, acquired KRW 10 million from the victim to the Agricultural Cooperative Account of the Defendant on January 16, 2014.

2. On March 10, 2014, the Defendant concluded that, within F located in the window E of Changwon-si, the victim D would purchase KRW 14 million on the face of the week, “I will purchase the vehicle from the STX subsidiary in the JTX.”

However, the defendant tried to use the money that the victim received from the victim to pay the defendant's debt, and there was no intention or ability to purchase the money.

As above, the Defendant, by deceiving the victim, was transferred from the victim to the Agricultural Cooperative Account of the Defendant, KRW 14 million on March 24, 2014.