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(영문) 대전지방법원 2013.07.26 2012고단2625
업무상횡령
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On May 2, 2012, the Defendant was sentenced to imprisonment with prison labor for six months as a crime of occupational embezzlement in the Daejeon District Court Seosan Branch on May 2, 201, and the judgment became final and conclusive on May 30, 2012.

The defendant, while engaging in the heavy trading business and withdr business, has performed duties such as applying for loans and receiving loans on behalf of the defendant.

Around September 27, 2011, B, who was found as a customer, decided to purchase a secondhand car in 2007 and applied for a loan of the secondhand car, the Defendant, through C and D companies, embezzled the loan of KRW 19 million from the victim Dongyang Life Insurance Co., Ltd. to the bank account under the name of the wife E, on condition that the vehicle was transferred from the victim to the bank account under the condition that the vehicle was offered as security, and for the victim, he could not purchase the vehicle under the custody of the vehicle for the victim, and thus, he could not purchase the vehicle under the custody of the vehicle under the name of the wife E, and thus, he could not return the vehicle under the custody to the victim. However, at that time, the Defendant embezzled the loan of KRW 19 million for personal use.

Summary of Evidence

1. Examination protocol of the accused by the prosecution;

1. Each police suspect interrogation protocol concerning B;

1. The prosecutor's statement concerning the F;

1. Inquiry reports, such as criminal records, investigation reports (report attached to judgments), and application of court rulings and statutes;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 356 and 355 (1) of the Criminal Act selecting a penalty;

1. There is no effort to recover damage caused by reason of sentencing in the latter part of Articles 37 and 39(1) of the Criminal Act that treat concurrent crimes, and considering the attitude of the defendant's appearance during the trial process in consideration of equity in cases where the victim was tried at the same time as the final judgment became final and conclusive.

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