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(영문) 전주지방법원 군산지원 2015.05.29 2014고정593
횡령
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who was operating an insurance agency.

At around 15:00 on November 29, 2010, the victim C tried to purchase a heavy vehicle to the defendant, and the defendant of the defect was found to have a heavy difference. In this regard, the victim believed to have changed the amount of KRW 10 million,00,000,000 from the Silsan-si 1313-29, the defendant was 10,000,000 won in the Silsan-si 1313-29.

Although the victim tried to purchase other used vehicles, the victim returned KRW 10 million to the victim, the defendant did not refuse and return it and embezzled voluntarily.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness C and D;

1. On November 17, 2010, the receipt director, copy of passbook, detailed statement of insurance contract loan lending transactions, copy of the motor vehicle registration certificate, and defense counsel were paid KRW 7 million under the name of the victim's husband and changed the car model to the victim's account on November 26, 2010, and returned KRW 10 million to the victim's account on or around February 29, 201, only borrowed KRW 10 million from D on or around November 29, 201, on the ground that there was no fact that the victim received KRW 10 million under the name of the purchase price of the second second vehicle from the victim on or around November 29, 2010.

On the contrary, D, the husband of the victim and the victim, consistently lent money to the defendant around November 17, 2010, when the defendant, who was close to the usual meeting of the victim, lent 7 million won including 6 million won, which the victim had been repaid to his her her her son, and received payment from the defendant on November 29, 2010, again delivered 10 million won to the defendant as the son's son's son, but the defendant did not return her son's son's son's son, but did not return her son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son, and

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