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(영문) 서울중앙지방법원 2012.12.12 2012고단2171
횡령
Text

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

Reasons

Punishment of the crime

On September 8, 2011, the Defendant was sentenced to one year of imprisonment for fraud at the Seoul Central District Court and completed the execution of the sentence on April 10, 2012.

1. On October 2009, the Defendant: (a) registered the ownership transfer of the said vehicle under the name of the Defendant’s father on the 9th day of the same month in order to show the above car to the buyers who received a consignment request from the F Office of “F” office for the operation of the D victim E at the time of the irregular game; and (b) embezzled the said car by disposing of the said car to the next buyer with the name of the Defendant’s name in a non-standing place around January 201 and by arbitrarily consuming it for the purpose of the Defendant’s debt repayment, etc., while he kept the money in custody for the victim around that time.

2. On November 9, 2009, the Defendant: (a) received the Defendant’s solicitation from the victim at the above office; (b) placed the victim with money of KRW 20.5 million (the victim’s acceptance of the lease obligation of KRW 10 million, cash payment of KRW 10.5 million); and (c) placed the Defendant in custody of the purchased franchise vehicle on consignment with the Defendant; (d) did not notify the victim of the fact on June 2010; and (e) disposed of the vehicle of KRW 2.5 million in cash from I; and (e) embezzled the vehicle of KRW 20.5 million on condition that it exchanged the vehicle with the MR2 car without property value due to the breakdown of the engine; and (e) embezzled the vehicle of KRW 20.5 million with the Defendant’s voluntary consumption.

3. On November 2009, the Defendant received a recommendation from the Defendant at the above office on the date of November 1, 2009, and received the purchase price of KRW 29 million and received the purchase price for the said vehicle and stored the said vehicle on consignment. On July 29, 2010, the Defendant sold the said vehicle to J with the said 350 Znsan No. 350 Znsan without notifying the victim of the fact at a non-place on July 29, 201, and kept the said vehicle for the victim at KRW 20 million around that time.

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