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(영문) 창원지방법원 2014.03.26 2012고단3309
횡령등
Text

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

Reasons

Punishment of the crime

[2012 Highest 3309]

1. Embezzlement;

A. A. Around February 2012, the Defendant’s embezzlement against the victim B was requested from the victim to keep approximately KRW 5,000,000 of the market price of the victim’s 5,00,000 at the D solid storage that he operated by the Defendant in Kimhae-si, and kept the victim’s custody for the victim. On March 2012, the Defendant arbitrarily transferred approximately 14 tons of the said powder to H, who operated the G “G” column in F at the same time as the first policeman of March 2012, and approximately 11 tons of the remainder of the powder scrap to K, who operated the instant solid storage in the “J” column in the first time of April 2012.

Accordingly, the defendant embezzled the victim's property.

B. Around 10:00 on September 20, 2012, the Defendant’s embezzlement against the Victim L was refused to return the vehicle without any justifiable reason even though he/she requested the return of the vehicle borrowed on October 4, 2012, when he/she was placed in custody for the victim under the pretext of temporarily using the O1 ton cargo vehicle equivalent to the victim’s market price of KRW 2,000,000, at the N office operated by the victim in Kimhae-si.

Accordingly, the defendant embezzled the victim's property.

2. Around October 15, 2012, the Defendant violated the Road Traffic Act (unlicensed driving) driving on the part of about 20km from the sloping road in Busan Gangseo-gu without a driver’s license, to the front road of the lucular street in front of the lucular street, from the scopic road in Busan Gangseo-gu, to the lucopic lucopic lucopic luculation.

[2012 Godan3796] On July 25, 2012, the Defendant made a false statement to the “P” office located in the window in Changwon-si, Changwon-si, and to the victim Q who had engaged in ordinary scrap metal transactions, “The gold scrap metal was loaded onto the vehicle, but it can start to pay the price.”

However, even if the defendant receives money from the victim, the defendant is bound to do so to the victim.

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