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(영문) 청주지방법원 제천지원 2017.07.20 2017고단162
업무상횡령
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From July 2015, the Defendant sold vehicles at the C agency branches located in Chungcheongnamyang-gun B from July 2015, and has been engaged in the business of collecting vehicle purchase fees and registration fees.

1. Around December 8, 2016, the Defendant received 4,800,000 won from the victim D to the Agricultural Cooperative Account (E) under the name of the Defendant for the purpose of registration fee and used 560,279 won for his/her own loan in the same day and used 560,279 won for his/her loan in the name of the Defendant’s agricultural bank account (E). From that time to December 12, 2016, the Defendant used 4,80,000 won for five times in total, as described in the list of crimes in attached Table 1.

Accordingly, the defendant embezzled the victim's property.

2. Around December 26, 2016, the Defendant transferred KRW 26,80,000 from the Victim F to the Agricultural Cooperative Account (E) in the name of the Defendant’s name for the purchase price of the vehicle and kept in custody for the victim. On the same day, the Defendant used KRW 10,006,980 for the purchase price of the vehicle in the name of the Defendant, and used KRW 10,006,980 for the purchase price of the vehicle in the name of the Defendant, and used KRW 11,480,680 for four times in total from that time to December 27, 2016.

Accordingly, the defendant embezzled the victim's property.

3. Around December 28, 2016 and around January 4, 2017, the Defendant received total of KRW 28,600,000 from the Victim G to the Agricultural Cooperative Account under the name of the Defendant and used KRW 15,000 among them as the purchase price for a passenger car of the victim and used KRW 12,00,000 as the purchase price for a passenger car of F on December 29, 2016, and used the remainder of KRW 13,60,000 as the purchase price for a passenger car of F.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. A motor vehicle transaction contract;

1. Acts and subordinate statutes on account transactions in each suspect's name, such as private statements and account transactions.

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