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(영문) 창원지방법원 통영지원 2013.04.10 2012고단1161

업무상횡령등

Text

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

Reasons

Punishment of the crime

[Criminal Power] On August 29, 2012, the Defendant was sentenced to eight months of imprisonment for occupational embezzlement in the Sungnam Branch of Suwon District Court for the crime of occupational embezzlement, and the said judgment became final and conclusive on August 31, 2012.

【Criminal Facts】

1. Fraud;

A. On August 14, 2009, the Defendant committed the crime of August 14, 2009: “Around August 14, 2009, the Victim D operated by the victim D in the Si of Hanam-si, “The above studio was constructed in the city of Hanam-si, and the above studio was completed almost, and the sale price will begin, and the sale price will be paid.”

However, at the time, the Defendant was unable to repay the construction cost, materials cost, and the purchase cost of the site related to the above studio construction, and the situation where the above studio was completed at any time due to such financial difficulties, and there was no intention or ability to repay the studio even if it was borrowed money from the victim.

The Defendant received 30 million won from the victim.

Accordingly, the defendant was given property by deceiving the victim.

B. On September 29, 2009, the Defendant committed the crime of September 29, 2009, the Defendant loaned money to the victim as follows: “Around September 29, 2009, at a store operated by the said victim D, to lend money to the victim as required due to the shortage of the septic tank equipment during the construction of the E building.”

However, even if the defendant borrowed money from the victim as above, he did not have the intent or ability to repay it.

The Defendant received 20 million won from the victim.

Accordingly, the defendant was given property by deceiving the victim.

C. On October 26, 2009, the Defendant committed the crime of October 26, 2009, stated that “Around October 26, 2009, the Defendant lent money to the victim as follows: “Around October 26, 2009, due to the lack of construction cost of the E building, it is necessary to lend money to the victim.”

However, even if the defendant borrowed money from the victim, he did not have the intent or ability to pay it.