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(영문) 창원지방법원 마산지원 2016.12.20 2016고단1144
업무상횡령
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant has been engaged in automobile business and sales agency business from July 2006 to September 2016 at the victim flag car Co., Ltd., Ltd., which was located in Changwon-si Member B from Changwon-si, 2016.

1. On September 18, 2015, the Defendant embezzled the sales proceeds received from D, on the following day: (a) sold 5 automobiles to D at the said car Cagency; (b) transferred KRW 10 million to the Gyeongnam Bank account (Account Number: E) in the name of the Defendant for the vehicle payment; and (c) transferred a total of KRW 20 million to the victim for his/her business custody on September 19, 2015; and (d) transferred a total of KRW 10 million on September 18, 2015 and KRW 10 million on September 21, 2015 to F for personal debt payment.

2. On August 8, 2016, the Defendant embezzled the sales proceeds received from G, and arbitrarily consumed KRW 34,398,000 as the payment for H’s vehicle while selling car car to G from the said car Cagency and receiving KRW 36,775,710 from the Korean bank account (Account Number: I) in the name of another vehicle contractor H in the name of another vehicle contractor as the vehicle price.

3. On August 11, 2016, the embezzlement of the proceeds from sale received from J: (a) the Defendant sold K7 car at the said vehicle Cagency; (b) transferred KRW 14,860,490 to the account in the name of the Defendant under the name of the Defendant under paragraph (1) for the payment of the vehicle; and (c) transferred KRW 14,860,490 to the account in the name of the Defendant under the name of the Defendant under paragraph (1) and kept in custody for the victim; (b) transferred KRW 5,230,800 to Song-young for personal debt on August 17, 2016; and (c) paid KRW 5,930,000 as personal debt by withdrawing in cash, and paid KRW 5,930,000 from that time to August 2016 as personal debt and living expenses.

4. The Defendant embezzlement of proceeds from sale received from K on September 5, 2016: (a) sold a KS7 car at the said car C agency of the said car C agency to K on September 5, 2016; (b) KRW 100,000 on the same day as the vehicle price, and September 2016.

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