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(영문) 인천지방법원 부천지원 2014.10.24 2013고단3252

업무상횡령

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On November 23, 2012, the Defendant: (a) was engaged in the business of selling and selling used cars at the “C” used cars in Bupyeong-gu, Nowon-gu; (b) was engaged in the business of selling and selling used cars to consumers as used cars; (c) was to sell e-mail vehicles at KRW 26.5 million from the victim on the same day; and (d) was to receive KRW 10.5 million from the victim as the purchase price of the above vehicle; and (e) was transferred to the credit bank account in the name of the Defendant to receive KRW 5 million, KRW 5 million, and KRW 6.5 million in total for the victim; and (e) was used for purchasing and using the vehicle for the purpose of purchasing the vehicle; and (e) was embezzled by arbitrarily consuming it with the Defendant’s living expenses, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding D;

1. Application of the Acts and subordinate statutes of the detailed statement of cash withdrawal and transactions;

1. In light of the pertinent legal provisions on criminal facts, Articles 356 and 355(1) of the Criminal Act regarding the choice of punishment, the criminal defendant’s ability to punish the same criminal defendant for the same kind of crime is several times, the amount of damage is not recovered even though the amount of damage is small, and the escape was done on the sentencing date, it is inevitable to punish the defendant significantly.

However, the sentencing factors indicated in the trial process of this case, such as the defendant's age, character and conduct, environment, previous conviction, etc., including the confession of the crime of this case and reflects against the defendant, shall be determined as ordered.