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(영문) 인천지방법원 부천지원 2020.05.19 2019고단2226
업무상횡령
Text

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

Reasons

Punishment of the crime

The defendant is a middle and high-ranking trader belonging to the Busan Special Metropolitan City Dispute Resolution Co., Ltd., who has been engaged in the business of trading, trading, trading, buying and selling of motor vehicles, and making deposits among the parties belonging to the Busan Special Metropolitan City Dispute Resolution Co., Ltd.

1. On September 4, 2018, the Defendant: (a) sold to D ENS vehicles owned by the victim for KRW 11,00,000,000; (b) received money from D to the FF bank account in the name of the Defendant for the victim on the same day; (c) used the money for personal use for the victim’s business and embezzled for around that time.

2. On October 20, 2018, the Defendant, who embezzled the sales of K7 vehicle deposit and the sales of the down payment, was to sell the HK7 vehicle owned by the victim to G, which was introduced by the said D, at an insular area of not more than 1,00,000 won. On the same day, he/she embezzled 50,000 won in cash as the down payment, and 4,500,000 won in cash as the cash account in the name of the Defendant, and embezzled by using it for personal use around that time while he/she was in custody for the victim.

3. Around December 2, 2018, the Defendant entered into a contract to sell Lball vehicles owned by the victim to M on a 15,600,000 won for the same day with the F account under the Defendant’s name, including the cost of transfer from M, such as vehicle registration, etc., and embezzled KRW 2,20,000,000,000 for the victim’s representative and 17,200,000,000,000 won for the victim’s business while being kept in custody for the victim by remitting the total amount of KRW 1,5,60,000 for the personal purpose.

"2019 Highest 2625"

4. The Defendant is a member of the Jungcheon-si Bank Co., Ltd. in charge of the occupational embezzlement of the sales proceeds of Lone Star Vehicles, who has been engaged in the trading brokerage business of the Jungcheon-si Motor Vehicle.

The defendant around September 18, 2018, at the above office of the Dispute Resolution Co., Ltd., and the victim O and the seller, the buyer.

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