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(영문) 인천지방법원 2012.11.08 2012고단4907
횡령등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[2012 Highest 4907] The defendant is a person who engages in a secondest sales business in Seocho-gu Seoul Metropolitan Government C Building 420 (ju)D.

1. Around July 2011, the Defendant sold the said car and embezzled the sales proceeds of KRW 31 million for the victim on August 10, 201 after being commissioned by the victim E to sell the said car at the above (D) office, and around August 10, 201, the Defendant used the said car for business funds and cost of living according to mind at that time.

2. On October 4, 2011, the Defendant called the victim F with phone calls from the victim F and embezzled money for business funds and cost of living in mind around the time when the Defendant transferred KRW 9,62,60 from the victim to the victim and kept for the victim under the name transfer expense.

[2012 Highest 5321]

1. Around June 15, 2007, the Defendant embezzled the said vehicles owned by the victim by arbitrarily offering the said vehicles equivalent to KRW 40,010,000 at a market price of KRW 40,000 at around September 2010 in order to raise gambling funds, while he/she kept the leased vehicles in custody after being transferred from I around March 2010, with the lease period of KRW 60,000 from June 15, 2007 to June 14, 2012, the lease period of KRW 856,220 each month, and then embezzled the said vehicles owned by the victim by borrowing KRW 10,000,00.

2. Fraud to K of a victim;

A. On August 4, 2011, the Defendant called “D” office in Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government C Imported Vehicle Sales Complex, saying, “The Defendant would transfer the vehicle by purchasing the vehicle if it would be deposited KRW 30,500,000,000,000 for the vehicle purchase fund as the vehicle would come to go at the 2009-type New Daily Vehicle Sales Complex’s office.”

However, even if the defendant receives money from the victim, he shall use it as a vehicle purchase fund.

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