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(영문) 광주지방법원 목포지원 2016.01.21 2015고단1154

횡령등

Text

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

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

Reasons

Punishment of the crime

[2015 Highest 1154]

1. On April 2013, the Defendant’s embezzlement (Before opening the name: C) opened a fixed deposit (Account Number G, contract amount of KRW 30 million, KRW 30 million, KRW 20 million, and April 25, 2014) in the name of the Defendant on the part of the victim F, who was aware of credit from the victim F, who was the bad credit holder of the victim, and asked the victim to open a fixed deposit in the name of the Defendant on behalf of the victim. On April 25, 2013, the Defendant opened a fixed deposit (Account Number G, contract amount of KRW 30 million, and the expiration date of April 25, 2013, and April 25, 2014, 2014) under the name of the Defendant. < Amended by Act No. 11787, Apr. 25, 2013>

On April 26, 2013, when the Defendant opened a term deposit with the said KRW 30 million for the victim, the Defendant provided the said term deposit to the Saemaul Bank of Korea without obtaining the consent from the damaged party at his/her own discretion on April 26, 2013, and borrowed KRW 25 million on the same day.

Accordingly, the defendant embezzled the victim's property.

[2015 Highest 1409 [2015 Highest 1409] When the Defendant operated multiple successful bidders, he was unable to procure money to be used by the fraternity members for the fraternity members, personal debt repayment, living expenses, etc. on the grounds that the fraternity members failed to pay the fraternitys properly, he was able to raise money for the payment of the fraternitys by organizing a new successful bid system and borrowing money from the fraternity members.

2. A successful bidder's fraud;

A. On April 15, 2014, the Defendant, who was a successful bidder on April 15, 201, organized a new successful bidder on April 15, 2014, with a view to using the advance payment, personal debt repayment, living expenses, etc. of the pre-existing successful bidder, and around that time, he/she would pay the advance payment on the desired date to the victim H who was an existing successful bidder at Kimhae-si.

“False speech was made to the effect that it was “.”

However, at the time, the defendant bears approximately KRW 100 million of personal debt, and the defendant was above.