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(영문) 대전지방법원 천안지원 2013.03.08 2013고단21
업무상횡령등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

The Defendant, from December 2009 to September 2012, 2012, was a business member of the victim D Co., Ltd. located in the Gangnam-gu Seoul Metropolitan City, Dong-gu, Dong-gu, and has been in charge of the transaction of imported vehicles.

On January 201, the Defendant committed the following crimes, when his personal debt has been accumulated, and the marriage fund has been needed.

1. From October 12, 2010 to September 13, 2012, the Defendant: (a) sold a food car to E; (b) deposited KRW 16,300,000 from E to the Agricultural Cooperative (F)’s account in the name of the Defendant; and (c) used the money for debt repayment, marriage fund, and living expenses, etc. in the river area from October 12, 2010 to October 26, 2010; and (d) arbitrarily used the money for marriage, debt repayment, and living expenses, etc. in the course of business for the victim’s sake after having deposited KRW 18,846,270 in the said agricultural cooperative account in the name of the Defendant under the name of the Defendant; and (c) used the money for marriage, debt repayment, and living expenses for the sake of the victim’s sake.

2. Around July 5, 2012, the Defendant, at the foregoing D office, sold the said food car at KRW 26,50,000 to I and kept for the victim G after having received sales proceeds from the said food car at KRW 26,50,000. From July 6, 2012 to July 16, 2012, the Defendant embezzled arbitrarily used the existing debt repayment, living expenses, etc. at the innate Japan from July 6, 2012 to September 20, 2012, and embezzled the said food car at will by using the existing debt repayment and living expenses, etc. as shown in attached Table 2, from July 6, 2012 to September 20, 2012.

3. Fraud;

A. A. On November 29, 201, the Defendant committed the crime, around November 29, 201, in the vicinity of the business territory of Seobuk-gu, Seocheon-gu around 29 November 201, and the victim J must refund the purchase-price to the head of the party.

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