(영문) 의정부지방법원 2019.01.24 2018고단3252

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2019.01.24 2018고단3252

횡령

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person operating a aggregate transport business with the trade name of “B”, and the victim C was unable to purchase a vehicle due to lack of credit from “B,” and the victim C concluded a dump truck sales contract with the Defendant and the victim upon the request of the victim upon the request of the victim that “if it is possible to purchase an Eump truck, it will be paid the installment.” The victim entered into a loan contract for the purchase of the said dump truck under the name of the victim, and completed the transfer of ownership, and the victim agreed to sell the said dump truck with the Defendant.”

On August 12, 2017, the Defendant: (a) concluded a sales contract with the victim C to purchase a dump truck equivalent to KRW 52 million; and (b) received the above dump truck from the victim C; (c) the Defendant rescinded the sales contract on the ground of the defect in the parts of the said truck; (d) on August 23, 2017, the Defendant was demanded to request the victim to return the dump truck to return the said truck; and (e) requested the victim to change it; and (e) then, the Defendant embezzled the victim’s property by refusing to return the dump truck on the ground that it was impossible to return the dump truck until the victim was paid the Defendant’s obligation to D even though the said dump truck was paid.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C, D, and H;

1. Application of the construction machinery registration certificate and the electronic tax invoice statute;

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the choice of punishment;

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

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The gist of the assertion was that the victim himself/herself was irrelevant to the instant dump truck, and the victim paid repair expenses and dump truck.

참조조문

유사 판례

-대전지방법원 2016.06.15 2016노17

-춘천지방법원강릉지원 2016.05.10 2015나6040

-의정부지방법원 고양지원 2013.12.20 2013고단2017

-수원지방법원 여주지원 2016.09.23 2016고단269

-전주지방법원 2016.10.21 2015가합1986