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(영문) 서울북부지방법원 2013.06.10 2013고정1222
업무상횡령
Text

Defendant shall be punished by a fine of 3.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On February 5, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for embezzlement and two years of suspended execution at the Changwon District Court Jinju branch on May 4, 2013, and the above judgment became final and conclusive on May 4, 2013.

1. The Defendant, from May 201, has been engaged in the business of occupational embezzlement against the victim B as the president of the used cars selling company called “D” in Jinju City as the president of the used cars company.

At around 11:00 on June 29, 2012, the Defendant: (a) sold EYFB vehicles owned by the victim B from the victim B; (b) entered into a contract to purchase the FY vehicles in lieu of KRW 17,500,000; (c) paid KRW 4,440,000,000,000, excluding the purchase price and the registration fee of the fright from the purchase price of the fright, until July 2, 2012.

On June 30, 2012, the Defendant sold the above soft vehicles and kept 4,440,000 won for the victim. Around that time, the Defendant consumed the above marginal profits for personal use, such as his own cost of living, in the Jinju and Seoul Ga.

Accordingly, the defendant embezzled the victim's property.

2. From May 201, the Defendant has been engaged in the business of occupational embezzlement against the victim G as the president of the used cars trading company called “D” in Jinju-si from May 201.

Around March 15, 2012, the Defendant received a request from the victim G to sell I Xex vehicles owned by the victim at the H apartment 208 parking lot in J apartment 208, Jinju-si.

On July 2012, 2012, the Defendant sold the above X-ex vehicle, and then stored 2.5 million won for the victim. At that time, the Defendant used the money for personal use, such as its office operation expenses, in the Jinju and Seoul, around that time.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and G;

1. Investigation report (G telephone conversations which is a criminal complaint);

1. Copy of the automobile transfer certificate; and

1. Previous convictions in the judgment: Before the disposition and the results of confirmation;

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