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Reasons
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(영문) 제주지방법원 2015.10.07 2015고단611
업무상횡령등
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A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, as a business member of the “D” in the operation of the victim C from January 13, 2013 to April 23, 2014, has been engaged in the business of selling goods and collecting money from the victim.

Around January 21, 2013, the Defendant, at the above “D” office, deposited gas costs of KRW 43,000 from E to the agricultural cooperative account in the name of the said “D,” and embezzled at will, around that time, using KRW 32,06,504 in total over 524 times from April 22, 2014, as shown in the attached list of crimes, from around KRW 20,006,50, as in the list of crimes.

2. On February 2013, the defrauded made a false statement to the effect that “If the Defendant purchased cargo in the name of the victim as a cargo fare in the name of the victim, he/she would be liable for the incidental money.”

However, the defendant did not have certain incomes at the time, and even if he purchased a vehicle under the name of the victim, there was no intention or ability to pay the installment, because he embezzled gas proceeds for the victims and appropriated them to living expenses.

Around February 18, 2013, the Defendant: (a) by deceiving the victim; (b) caused the victim to purchase the cargo loaded in an amount equivalent to KRW 16.5 million at the market price; (c) from that time, the Defendant had the victim pay the amount of installment equivalent to KRW 4,636,826 in total eight times until October 14, 2013; and (d) returned the said vehicle on November 14, 2013 on the ground that the amount of installment payments was unpaid.

Accordingly, the defendant deceivings the victim, thereby acquiring property benefits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. C’s legal statement;

1. C's complaint, loan certificate, receipt of payment, daily work log, loan repayment details, and C's agricultural bank account;

1. Business registration certificate, certificate of employment, motor vehicle registration certificate, and

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