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(영문) 인천지방법원 2019.08.13 2018고단9529
횡령등
Text

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

Reasons

Punishment of the crime

around July 24, 2018, the Defendant: (a) arranged the purchase and sale of the vehicle for transportation at the “R” motor vehicle trading complex located in Q in Q in Seo-gu Incheon, Incheon; (b) received the payment from the victim to the owner of the vehicle; (c) purchased the vehicle; and (d) transferred the vehicle to the owner of the vehicle to deliver the vehicle to the owner of the vehicle; and (c) received the total purchase amount of KRW 32 million.

While the Defendant kept the purchase price of the above vehicle for the victim, the Defendant used 16.7 million won for the repayment of the existing debt to U.S. other customers on the same day, and embezzled the property of the victim at will by using the existing debt repayment and living expenses around that time.

Around May 31, 2018, the Defendant stated that “A victim’s WW office located in Seongbuk-gu, Sungnam-si, and that “A victim who wishes to purchase a secondhand car with a ledger for a secondhand car may purchase it with an out-of-the-counter vehicle with an out-of-the-counter vehicle with a good credit rating because the bank credit is not good.” On the other hand, if the installments are fully paid after purchasing one low vehicle with an out-of-one vehicle with an out-of-the-counter vehicle with an open credit rating, the credit rating shall be rounded up. A vehicle to be introduced into the inside of the party’s name shall be purchased with an out-of-the-counter vehicle with an out-of-the-counter vehicle with an out-of-the-counter vehicle with an installment payment for three months at the face of delivery and payment for three months

However, in fact, the defendant purchased vehicles in the name of the victim and disposed of them to another person, and the defendant thought that he would use them individually, and there was no intention or ability to pay the installments in full for three months as above.

After all, the Defendant deceiving the victim as above, and the victim bears 14,80,000 won as the installment debt on the same day, and acquired XK7 car in the name of purchase from the victim around that time.

b)a summary of the evidence;

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