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(영문) 수원지방법원 안산지원 2017.12.08 2017고단2351

업무상횡령

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, from October 2015 to June 2016, worked as a used vehicle with Ansan-si building C and a victim corporation D, which is located in Ansan-si Building C and 203 (2) (2), was engaged in the business of buying and selling cars of the victim company and selling cars of the victim company and collecting the sales proceeds.

1. Around December 2015, the Defendant sold the E-Ba-type car, a vehicle purchased by the victim company for the purpose of sale, to F, and embezzled by arbitrarily using the Defendant’s personal debt repayment, etc. around that time while receiving transfer of KRW 5 million from the sales proceeds to G company bank account in the name of G used by the Defendant to transfer KRW 3 million on the 15th day of the same month, and then being kept for the victim company.

2. On April 2016, the Defendant sold a H K7 car, which is a vehicle purchased by the victim company for the purpose of sale, to I, and embezzled by arbitrarily using the Defendant’s personal debt repayment, etc. around that time while receiving a transfer of the sales proceeds of KRW 10 million on the 29th day of the same month, and KRW 3 million on the 30th day of the same month to an enterprise bank account in the above G for the victim company.

3. Around May 2016, the Defendant sold to I a vehicle of the Victim Company, which is a vehicle of the Victim Company, and embezzled KRW 15.5 million for the Victim Company, on the 17th of the same month, after being transferred to an enterprise bank account in the above G G’s name, and used the Defendant’s personal debt repayment, etc. at his/her discretion.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against K or L;

1. Application of Acts and subordinate statutes, such as specifications of transactions by account;

1. In addition, even though the Defendant had been punished several times, including suspended execution, due to the same kind of crime, prior to the applicable legal provisions and Articles 356 and 355(1) of the Criminal Act regarding criminal facts and the choice of criminal punishment (in comprehensive), the Defendant had been punished several times, including suspended execution.