(영문) 대전지방법원 2015.04.02 2014고정1819

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(영문) 대전지방법원 2015.04.02 2014고정1819

횡령

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The defendant shall be innocent.

Reasons

1. The summary of the facts charged is a trucking broker.

On May 7, 2012, the Defendant agreed to sell and sell D special cargo vehicles owned by the Victim C, but did not buy and sell them, the Defendant changed the agreement to operate the said cargo vehicle along with E and pay it in lieu of installment, and received the said cargo vehicle from the victim on July 25, 2012.

On August 9, 2013, the Defendant, on the part of the victim, embezzled KRW 1,00,000 for the purchase cost of the above cargo vehicle license plate, KRW 90,000,000 on August 20, 2013, and KRW 2,90,000 on September 13, 2013 for the victim and kept for the victim, against the purpose of the entrustment, he/she used the above vehicle installment for the purpose of the payment of the vehicle at around that time, and 1,00,000 won for the purpose of the repair cost of the vehicle.

2. Determination

A. Although it was true that the Defendant received KRW 2.9 million from C, the Defendant asserted that there was no intent to acquire illegal money because the use or purpose was not restricted for purchasing the number plate, and therefore, whether the money received from C was limited for the purpose or purpose.

B. The following facts are acknowledged according to the evidence duly adopted and examined by the court.

1) C is the freight vehicle D (e.g., change of the number to F, hereinafter “instant freight vehicle”).

A) A local owner of the instant cargo was the owner of the instant cargo. C around July 25, 2012, delivered the instant cargo to E, and C agreed to transfer the name of the instant cargo to E (hereinafter “the instant agreement”) upon the completion of the installment payments made from 36 times to 30 times, 28 minutes, 61,80, 640 won, 36 times to 30 times, 36 times, 31 to 36 times, 13,24,280 won, 31 times, 36 times, and 36 times, 31 times, and 36 times, respectively (hereinafter “instant cargo payment”).

. E has drawn up a quasi-exclusive contract for loans for consumption that covers C the obligation of KRW 61,806,640.

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