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(영문) 서울남부지방법원 2014.11.24 2014고단1165
업무상횡령등
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant has been engaged in the sales and collection of vehicles of the said company from around 1998 to October 2008 as business employees of E business offices operated by the victim D located in the first floor of Gangseo-gu Seoul Metropolitan Government, Gangseo-gu, Seoul.

On July 30, 2008, the Defendant embezzled 24,880,210 won in total over 10 times from around 200 to September 23, 2008, as shown in attached Table 1, while receiving 600,000 won from customers F as vehicle down payment in cash and being kept for the victim, and embezzled by arbitrarily consuming personal debt repayment, etc.

Around 13:00 on July 21, 2008, the Defendant: (a) sold the said vehicle to L from the K Trading Company located in the Gangnam-gu Seoul High Court on July 22, 2008 to 36,752,143 won and embezzled it by arbitrarily consuming it, such as personal debt, when the repair was requested due to the defect of the vehicle in the Ecoos car sold by the victim while working as a vehicle operator; (b) the Defendant called the above Ecoos vehicle to exchange the Ecoos vehicle with the Ecoos car, a new NAS car, which is a new one of the Hyundai Motor Vehicle; and (c) sold the said vehicle to L around 36,752,143 won.

around July 28, 2008, the Defendant, “2014 Godan1899,” issued a false contract deposit to the victim M in the E parking lot located in Gangseo-gu Seoul Metropolitan Government, and the victim M in the purchase of Lone Star and Estex.

However, in fact, the Defendant had no intention or ability to purchase a heavy difference because the Defendant requested a down payment to repay the debt of KRW 40,000,000 due to the amount of the company embezzled at the time of the occurrence of credit cards and debentures, etc.

The defendant has received 3,500,000 won from the victim as the down payment for the same day, and from the time of the same year.

9.8.

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