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(영문) 대구지방법원 서부지원 2018.02.08 2017고단3151
업무상횡령
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

From around July 2015 to July 12, 2017, the Defendant has been engaged in the business of selling the said “E” and receiving the price from the victim D’s “E” in Daegu-gu, North-gu, and 406.

1. On June 20, 2017, the Defendant: (a) sold the said “E”; (b) sold G New E cars to F and transferred KRW 200,000 to H’s account in the name of the Defendant’s mother on the 25th day of the same month; (c) received cash of KRW 70,000 on the 25th day of the same month; and (d) received transfer of KRW 8,100,000 to the said account on the same day, and used KRW 7,000,000,0000 for the victim’s personal purpose, such as living expenses, at the time of Daegu Siwon around that day.

2. On July 5, 2017, the Defendant: (a) sold JK9 motor vehicles to I; (b) transferred KRW 3.8 million and KRW 16 million on the same day to the same account as indicated in paragraph 1; (c) received cash of KRW 10 million and KRW 2.3 million on the same day; and (d) used KRW 30.8 million for the victim’s personal purpose, including living expenses, for the victim’s personal use at KRW 32.1 million around that day.

3. On July 11, 2017, the Defendant: (a) sold LK9 motor vehicles to K and transferred KRW 500,000,000 to the same account as indicated in paragraph 1 on the same day; (b) received transfer of KRW 38,55,000,000 on December 12, 201, and used KRW 39,050,000 for personal purposes, such as living expenses, for the victim; (c) around that time, the Defendant used KRW 39,050,000,000 for personal purposes in Daegu City

Accordingly, the Defendant embezzled the sum of KRW 7,685,00 on three occasions as above while being kept for the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Part concerning D statements in the suspect interrogation protocol against the defendant

1. Each police statement made against D, M, N, orO;

1. Certificates of transfer of each motor vehicle, certificates of successful bid, etc., detailed statement of deposit transactions, and certificates of process of lending and borrowing of money;

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