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(영문) 인천지방법원 2017.09.28 2017고단2478
업무상횡령등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2017 Highest 2478"

1. From April 2016 to June 2016, the Defendant: (a) purchased a vehicle with funds from the victim, an employee of the victim Co., Ltd., Ltd., which was located in the national tea trading complex of 450 and OOOO, with the funds of the victim; and (b) engaged in sales to consumers after the registration of the vehicle for goods in the name of the victim.

At around June 7, 2016, the Defendant received 700,000 won, 70,000 won, 50,000 won, 70,000 won, 50,000 won, 70,000 won, around June 10, 2016, and 60,000 won, 70,000 won, 70,000 won, 60,000,000 won, from around June 12, 2016, from a company’s account for personal consumption under the name of 60,000 won, 60,000 won, 7,000 won, 7,000 won, 7,000 won, 7,000 won, 6,000,000 won, 3,5,000,00 won, from among the Internet-based embezzlement, which was used by the Defendant around June 14, 2016.

"2017 Highest 4976"

2. On August 7, 2015, the Defendant: (a) was granted a loan of KRW 14 million from the Plaintiff’s Bank in Bupyeong-gu, Incheon, Bupyeong-gu COOOOOO; (b) decided to repay 36 months of the purchase price of the Dystetian vehicle owned by the Defendant; and (c) set up a mortgage of KRW 14 million on the said vehicle in the victim’s future; (d) on or after June 9, 2016, the Defendant was notified of the return of the vehicle to exercise the mortgage.

However, on September 2016, the defendant delivered the above vehicle to E and kept it as a collateral for the loan amount of KRW 2 million for friendship-gu E.

Accordingly, the defendant concealed the defendant's vehicle which is the object of the victim's mortgage and interfered with the victim's exercise of rights.

"2017 Highest 6790"

3. The Defendant is guilty of the victim F.

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