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(영문) 울산지방법원 2018.07.17 2017고단4548
횡령
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Criminal facts

【The Defendant was sentenced to six months of embezzlement and criminal fraud at the Ulsan District Court on January 20, 2017, and the said judgment became final and conclusive on March 24, 2017.

【Crimes】

1. Around March 7, 2016, the Defendant entered into a contract to take over the victimized company C (Representative Director: D) around March 7, 2014, and around that time, it is necessary for D through E to undertake a work to start the work before acquiring the corporation.

Since I will accept a corporation, I would like to purchase the vehicle in the name of the corporation of the Dispute Resolution Co., Ltd.," and received on March 26, 2014, 9.5 tons of the market price of the Dispute Resolution Co., Ltd., which is equivalent to KRW 65 million.

On March 2016, the Defendant borrowed KRW 5 million from “H,” operated by, and offered the said vehicle as security, and embezzled the property of, the victimized company by transferring the vehicle.

2. Around June 2016, the Defendant committed a crime to D around March 2014 requires a vehicle, etc. that can work to start work to D before acquiring a corporation through E.

Since us will accept a corporation, us would purchase a vehicle in the name of the corporation." On March 24, 2014, she received delivery of 12,000,000 won of the market price of the account holder of the dispute settlement agreement and 1,000,000 won of the cargo vehicle (J).

The Defendant borrowed 3 million won from the above H to the I on June 2016 while keeping the above cargo vehicle for the damaged company, provided the above vehicle as security, and embezzled the property of the victim by transferring the vehicle.

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police against D;

1. Complaints, comprehensive transfer acquisition contracts, each motor vehicle registration ledger, offers, certificates, certificates of contents, notices of time limit loss, and payment orders;

1. Each report on investigation;

1. Previous convictions in judgment: A response to inquiries, such as criminal history, and the acceptance of each individual;

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