업무상횡령등
A defendant shall be punished by imprisonment for six months.
Of the facts charged in the instant case, embezzlement on business is conducted on December 20, 2014 and December 28, 2014.
(2) On December 1, 2014, the Defendant: (a) was entrusted with the sale of a vehicle at the price of KRW 38 million owned by the victim; and (b) did not sell the said vehicle for the victim; and (c) was requested from the victim to return the said vehicle from March 2015, even if the Defendant was requested from the victim for the return of the said vehicle.
As a result, the Defendant refused to return the said BMW car while in custody for the victim, and embezzled it.
"2015 Highest 4510"
1. When the Defendant was delegated by H to dispose of the I’s nominal vehicle, he had the intent to forge a financial guarantee that the said I guaranteed the Defendant and submit it to the Defendant Company.
On January 2015, the Defendant, at the office of (State) D in Seocho-gu Seoul Metropolitan Government (State) D, stated in the column of guarantor of the financial guarantee in the column of the guarantor of the letter of financial guarantee “J of Gyeongnam-si, Gyeongnam-si, Gyeongnam-si, Gyeongnam-si, *********)”, in the resident registration number column, “L”, in the pipe column, “I” in the sexual name column, and “M” in the contact column, and affixed I’s seal thereon.
Accordingly, the defendant prepared a letter of financial guarantee, which is a private document on rights and obligations, in the name of I for the purpose of uttering.
2. On January 2015, the Defendant: (a) submitted the forged financial guarantee certificate to D representative that he/she knew of the forgery, as in the foregoing paragraph 1, to the lower police officer; and (b) exercised it.
Summary of Evidence
[2015 Highest 4253]
1. Statement by the defendant in court;
1. Partial statement of N of the witness;
1. A copy of each motor vehicle registration certificate (2015 high group 4510);
1. Statement by the defendant in court;
1. Statement made by the police with H and N;
1. Application of statutes to a copy of a letter of guarantee;
1. Relevant Articles 356, 355(1) (a) of the Criminal Act for criminal facts, Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act for criminal facts, respectively.