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(영문) 청주지방법원 2019.03.12 2018고단2936
업무상횡령
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The defendant is a secondhand buyer who is engaged in the business of selling and receiving the sales proceeds of a passenger car which is entrusted to a thirdhand buyer, and operates C within the area B located in a reasonable district of Cheongju.

1. On February 2, 2018, the Defendant: (a) received a consignment sale of the victim’s GM5 car from the victim F at the E branch located in the Cheongju-si; (b) sold the said car to another person on February 2, 2018; (c) received KRW 5 million from the vehicle sales proceeds; and (d) embezzled the said car for personal debt payment at his/her own discretion around that time while taking the custody of the victim for the sake of the victim.

2. The Defendant, at the date, at the time and place of the foregoing paragraph (1) above, decided to sell the said one-way DM car to the victim, and, at around February 2018, the victim embezzled KRW 1,000,000,000, excluding KRW 21,000,000,000, paid for vehicle purchase and transfer registration, out of the funds borrowed from I, for the payment of the vehicle purchase price and transfer registration expenses for the said vehicle, on his/her own behalf, while he/she was in custody for the victim for business purposes.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Investigation report (Attachment of details of account transactions with a complainant);

1. Application of the motor vehicle transfer certificate, each motor vehicle register, each self-fag course, each self-faging screen, mid-to long-term debate, Sms transmission status, and account transaction details statutes;

1. Relevant provisions of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act concerning criminal facts, the choice of punishment, and fines (not exceeding the amount of damage, and the victim is not subject to punishment by mutual consent, etc.);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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