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(영문) 대전지방법원 2013.11.21 2013고정1291
횡령
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On November 21, 2012, the Defendant was sentenced to six months of imprisonment for breach of trust at the Daejeon District Court on November 21, 2012, and the said judgment became final and conclusive on November 29, 2012.

1. On October 1, 201, the Defendant sold F 2.5 tons of trucks and G freezing towers to the victim E at the office of the “D Motor Vehicle Trading Company” located in Seo-gu Daejeon, Daejeon, for a total of KRW 8.8 million. On October 2, 2011, the victim revoked the above sales contract on or around October 2, 201, the Defendant disposed of the said vehicles to another person, and agreed with the victim on a return cycle of the purchase price of KRW 8.8 million to the victim.

On October 17, 2011, the Defendant exported the said 2.5 tons truck to H for KRW 6.5 million. On October 13, 2011, the Defendant sold the said freezing truck to H for KRW 1.9 million and stored for the victim a total of KRW 8.4 million from the purchase price of the vehicle. On October 20, 201, the Defendant transferred KRW 1.4 million to the victim around October 22, 201 and embezzled the remainder of KRW 7 million from the purchase price to the victim at his/her own discretion at around that time.

2. Around September 21, 2011, the Defendant sold 19,50,000 won ISex vehicles to the victim at the office of the said DF office.

The Defendant, at the above seller’s parking lot, has kept the said Lone Star vehicle for the victim, and embezzled it by arbitrarily disposing of it to another person on November 201.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. A protocol concerning the examination of suspect to J;

1. A complaint and a copy of the deposit statement attached thereto;

1. A detailed statement of transactions in each passbook;

1. Application of a copy of the motor vehicle transfer certificate to statutes;

1. Article 355 (1) of the Criminal Act and Article 355 (1) of the same Act concerning the applicable criminal facts, the selection of fines;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The Criminal Act among concurrent crimes.

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