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(영문) 광주지방법원 순천지원 2019.10.31 2019고단1330

횡령등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On July 2018, 2018, the Defendant stated that “The purchase of the forest and field in Korea shall be allowed to do so, and the down payment to the owner of the land shall be remitted KRW 5 million,00,000,000,000 to be paid to the owner of the land.” On July 28, 2018, the Defendant was transferred from the victim to the Agricultural Cooperative (D) account in the name of the Defendant and was kept for the victim, and was used arbitrarily for personal purposes, such as living expenses, etc. around that time.

Accordingly, the defendant embezzled the victim's property.

"2019 Highest 2079"

1. On May 8, 2017, the Defendant committed the crime of May 8, 2017, the Defendant stated that, “If the Defendant paid the sum of KRW 11 million, equivalent to the 1/11 share of H 5:5, and the Defendant paid the sum of KRW 5,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00

However, in fact, the above G development project is a situation where it is possible for all island residents to consent, and the progress of the project has been unsatisfy, and the defendant did not have any property and there was no intention or ability to repay to the victim for three months after the lack of the property.

Ultimately, the Defendant deceivings the victim as above and received KRW 11 million from the victim around May 8, 2017.

2. On July 20, 2018 and August 20, 2018, the Defendant of the crime committed on or around July 20, 2018, saying, “Around July 20, 2018, 12 persons who originally invested to the said victim was decided to proceed with the said investment, and even if there is no way to proceed with the investment of the said 12 persons, she purchased H at a time with a total of KRW 75 million by 1.5 million by us.”

However, in fact, the above recreational business was in a situation where it is difficult to proceed any more against the neighboring residents, and the defendant did not have money to invest KRW 75 million which was agreed due to no assets.