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(영문) 울산지방법원 2018.11.22 2018고정35

횡령

Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

[2018 High Court Decision 35] On March 18, 2016, the Defendant sold Adou 5 car to the victim D in the C Shipping Daejeon World Trade Zone located in Busan, Busan, Daegu, and was entrusted with the sale of Doab 4 car owned by the victim who was entering the existing port of the victim, and sold Doab 4 car around April 27, 2016, and received KRW 9,500,000 from the purchase price, and kept it for the victim.

Around that time, the Defendant did not return the above KRW 4,00,000 among the above KRW 9,50,000,000 to the victim and embezzled it for personal use.

[2018 High Court Decision 36] On May 31, 2016, the Defendant sold a e-learning vehicle to the victim E in the C Shipping Daejeon World Trade Zone located in Busan Metropolitan City, Busan Metropolitan City, on May 31, 2016, and was entrusted with the sale of the F-learning car owned by the victim who was entering the previous port of the victim, and sold the said f-learning car on June 2016 and received 6,500,000 won as the purchase price and got the victim keep it in custody for the victim.

At that time, the defendant had not returned the above 6,500,000 won to the victim and embezzled it for personal use.

[2018 High Court Decision 71] On June 24, 2016, the Defendant sold Aridi A635 TIDPUM car to the victim G and transferred KRW 3,354,900 to the post office account under the name of the Defendant to the post office account (H) in the name of the Defendant.

The Defendant, while keeping the above registration fees for the victim, used them for personal purposes, such as repayment of debts on the same day, etc., from that time until December 28 of the same month, and used the total of KRW 14,395,130 for the vehicle registration fees owned by the victims for four times in total, as shown in the list of crimes in the attached Table of Crimes, arbitrarily used them for personal purposes during the period of transferring them to the above post office account.

Accordingly, the defendant embezzled the victims' property.

Summary of Evidence

(b).