(영문) 대구지방법원 2016.03.25 2016노213 | 리걸엔진

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(영문) 대구지방법원 2016.03.25 2016노213

횡령

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The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for six months.

except that this judgment.

Reasons

1. The summary of the grounds for appeal E was known by the investigative agency to the effect that the defendant purchased the money of the victim.

In light of the fact that the above statements made by E are specific and consistent, as well as their contents are likely to be punished as an accomplice in embezzlement, and that if the defendant was aware that the relevant vehicle was not purchased with C’s money, but was a E’s vehicle, he could be detained at the investigative agency after receiving the complaint from C, and that the investigation agency recognized the defendant’s mistake and promised payment from the investigation agency to the court, the court below found the defendant not guilty of the primary charges of this case. Thus, the court below erred by misapprehending the facts, which affected the conclusion of the judgment.

2. Determination

A. The primary facts charged in the instant case are those who engage in the sales of used cars with the trade name of “D used cars trading company”, and E is those who are engaged in the sales of the said automobile, and the victim C is those who have served with E as a part of the said trading company.

On April 2014, the Defendant and E conspiredd to offer the above vehicles as collateral and to use the loan by obtaining the loan from the victim, who purchased the victim’s money from the above trading company on or around April 2014, and had been entrusted with the sale of the victim’s own 24,500,000 J-Man Fack-be, and the victim’s own market price of 25,000,000.

Accordingly, on May 7, 2014, the Defendant offered the said mother-fabage vehicle as security after obtaining a loan of KRW 18,500,000 from Aju Capital (ju), and received a loan of KRW 18,000,000 from the same company on May 23, 2014, and provided the said B-L cruise vehicle as security.

Accordingly, the defendant and E are competing with the victim.

유사 판례

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