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(영문) 서울서부지방법원 2018.04.11 2018고단515
업무상횡령
Text

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

Reasons

Punishment of the crime

The Defendant is a person who has been engaged in the purchase of used vehicles in D, a used vehicle company operated by the victim C.

On April 11, 2017, the Defendant received 63,70,000 won from the injured party under the name of four high-speed vehicles purchase price in the office of Suwon-si E 120, Suwon-si, the Defendant received 63,70,000 won from the injured party and had him keep it for the injured party.

Nevertheless, the defendant did not use the above money for the purchase of used vehicles, from April 11, 2017.

4. By December 12, 200, a member of Suwon-si consumed the Defendant’s personal business funds and debt repayment, etc. and embezzled it.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against C;

1. A report on investigation (the details of Defendant’s account transactions - the statement of deposit and withdrawal);

1. Application of Acts and subordinate statutes to remittance details, Kakao Stockholm course closures;

1. The following circumstances are favorable: (a) the Defendant recognized and reflects the reason for sentencing of punishment under Article 366 of the pertinent Act and Articles 365(1) of the Criminal Act regarding the crime; and (b) the fact that there is no record of punishment in addition to a single type of fine.

However, the sentence of imprisonment is inevitable in that the amount of damage was not significantly recovered and the victim did not reach an agreement.

The defendant's age, sex, family relationship, motive and circumstance of the crime, and the circumstances after the crime, etc. shall be determined as per the disposition.

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