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(영문) 전주지방법원 군산지원 2017.05.12 2016고단880
횡령
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

From around the winter in 2014, the Defendant was entrusted with the purchase of a truck license plate from the victim limited company B, and was entrusted with the purchase of a truck license plate by proxy.

1. 4.5 tons of truck license plate embezzlement on March 16, 2015, the Defendant embezzled 50,000 won for personal use, such as the purchase cost of his/her truck, in a case where he/she was entrusted with the purchase of 2 of the 4.5t truck license plate from D, a person in charge, and was transferred to a new bank account (Account Number:F) in the name of E, and was stored for the victim.

2. Embezzlement funds for purchasing 25 tons of truck license plates;

A. On April 2, 2015, the Defendant was entrusted with purchasing five of the 25t truck license plate from the above D to the distribution of the 25t truck number plate at the Jeonju-si, Jeonnam-do, Jeonju-do, and was transferred to the above new bank account to the said new bank account in custody for the victim. At that time, the Defendant embezzled 10 million won for personal use, such as repayment of his/her debt, without paying I.

B. On April 2, 2015, the Defendant, as described in the preceding paragraph, remitted KRW 30 million out of KRW 40,000,000 to I, who was transferred to I for the purpose of purchasing down payment on the car number plate to be paid to I, but embezzled KRW 30,000,000 on May 23, 2015 on the ground of non-existence of the contract, KRW 30,000,000 on May 31, 2015, KRW 10,000 on June 4, 2015, and KRW 7,00,000 on June 15, 2015, without returning it to the victim at any time, and embezzled it for personal use, such as the repayment of the purchase price on its part.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including D/D statements);

1. Each police statement made to J or D;

1. Application of Acts and subordinate statutes on account transactions;

1. Criminal facts;

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