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(영문) 인천지방법원 2019.03.28 2018고단7189
횡령
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Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a heavy and high-ranking motor vehicle with BA, and C is a owner of DWs and Motor Vehicles.

Around June 24, 2017, the Defendant lent KRW 3 million to the victim, and if the Defendant fails to pay KRW 3 million until August 23, 2017, he/she acquired the ownership of the said benz motor vehicle owned by the victim as a repayment for the ownership of the said benz motor vehicle. However, if the Defendant sells the said DJ vehicle to another person, he/she prepared a motor vehicle transfer certificate under the condition that the Defendant would receive one million won brokerage fees, and had the said motor vehicle delivered and kept the said vehicle.

On June 2017, the Defendant and the victim extended the repayment date of the above loan by August 25, 2017. On August 25, 2017, the victim repaid the Defendant KRW 3 million on August 25, 2017.

Nevertheless, the Defendant sold the said car to E on the same day and received KRW 16 million as the price from August 31, 2017 and kept it for the victim, and around that time, was demanded by the victim to return the sales proceeds of the said car. On August 28, 2017, the Defendant embezzled the amount equivalent to the same amount by refusing to refund KRW 12 million out of the sales proceeds, excluding KRW 2,405,310,000,000,000 excluding KRW 594,690,000,000,000 from the sales proceeds, including KRW 2,405,310,000,000 from the sales proceeds.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness C and F;

1. Each investigation report (in relation to the submission of additional evidentiary materials by a complainant, and the flow of funds by a suspect A, a report on the details of the conversation between the suspect and the complainant in total attached thereto);

1. Each certificate of automobile transfer;

1. Content certification;

1. A specification of transactions;

1. Details of the Kakao Stockholm dialogue on August 18, 2017 and the Kakao Stockholm text;

1. Determination as to the assertion by the complainant and the accused and the defense counsel of the contents of conversation between the suspect

1. Summary of the assertion

A. On June 24, 2017, the Defendant pertaining to automobiles indicated in the judgment with the victim (hereinafter “instant automobiles”).

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