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(영문) 인천지방법원 2012.11.01 2012고단1004
업무상횡령등
Text

The defendant shall be punished by imprisonment with prison labor for 10 months among the crimes of 2012 senior group 1004 and the cases of 2012 senior group 3734.

Reasons

Punishment of the crime

On May 19, 2010, the Defendant was sentenced to two years of suspended sentence of imprisonment with prison labor for fraud, etc. at the Incheon District Court on October 9, 2010, and the judgment became final and conclusive on October 9, 2010. On February 23, 2012, the Incheon District Court sentenced 4 months of imprisonment with prison labor for occupational embezzlement, etc. and 3 million won of fine, which became final and conclusive on March 3, 2012.

[2012 Highest 1004] The Defendant operated a motor vehicle transaction business in the name of “C” in Seo-gu Incheon, Seo-gu, Incheon, while engaging in the transaction of used cars.

On October 2, 2011, the Defendant received a request from the victim E in front of the victim E’s house located in the Nam-gu Incheon Metropolitan City, to sell and request sale from the victim, and received one car for the FWz E300 car equivalent to 68 million won at the victim’s market price.

On October 30, 2011, the Defendant, which was acquired as above and was under custody in the course of business, embezzled by transferring the said benz car to G, a creditor, as security.

[2012 Highest 3734]

1. The Defendant operated “H” from April 2006 to the end of 2007, but on October 12, 2005, the Defendant was sentenced to a summary order of KRW 700,000 as an offense of violating the Labor Standards Act at the Seoul Western District Court on September 22, 2008, and closed down the business due to the Defendant’s failure to dismiss the enemy. From January 2008 to the end of 2008, the Defendant continued to engage in the automobile trading business with the name of “I” while performing the automobile trading business with a heavy debt of KRW 270,00,000,000 from J, and the Defendant was unable to pay the said travel employee wages. From March 2009 to November 20, 201, the Defendant was not only a mutual credit holder of “K,” but also a considerable amount of debt from around September 22, 201 to the “C”.

The Defendant, around July 2010, at the “M” office located in Dongdaemun-gu Seoul Metropolitan Government Lbuilding 204, would have the J get loans from the “M office” office with the name of another person for vehicle purchase.

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