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(영문) 수원지방법원 2016.06.08 2016고정1084
횡령
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant was engaged in trucking transportation business, Co., Ltd. B and C, Co., Ltd., Ltd., and the victim D purchased a truck after receiving a loan from the Defendant and driving the truck.

On July 2, 2012, the Defendant: (a) received a loan from the victim D, who had reported the borrower recruitment advertisement at the office of the Co., Ltd. around July 2, 2012; (b) received the loan from the victim D to purchase the cargo vehicle; (c) received the loan to purchase the cargo vehicle; (d) received the loan to purchase the cargo vehicle; and (e) received the delegation of the business affairs concerning the purchase of the cargo vehicle; and (e) received the loan from the victim on July 5, 2012 to deposit KRW 159,925,00 with the Defendant’s national bank account (401-01-12913) of the new bank account (401-12913) in the name of the new bank account (hereinafter referred to as the “New Bank account”) in the name of the new bank (hereinafter referred to as 27,500,000 among them) with the cost of remodeling the vehicle.

On July 6, 2012, the Defendant: (a) returned KRW 9,000,000, excluding KRW 18,500,000,000, which was remitted by F, as above, to the account in the name of the Defendant; and (b) embezzled it for personal purposes while being kept for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Article 355 (1) of the Criminal Act applicable to the relevant criminal facts and Article 355 (1) of the Selection of Punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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