횡령등
A defendant shall be punished by imprisonment for not less than two years and six months.
Among the facts charged in the instant case, each embezzlement and each violation of the Attorney-at-Law Act.
Punishment of the crime
【2016Gohap51】
1. On September 5, 2013, the Defendant made a false statement to the victim G (name prior to the opening of name: H; hereinafter the same shall apply) in the mutual infinite coffee shop located in the vicinity of the Gangnam-gu Seoul Metropolitan Government Seo-gu office, Gangnam-gu, Gangnam-gu, Seoul, stating that “If he loans KRW 200 million as he needs to pay, he/she will use only 1-2 weeks and repay in gold.”
However, even if the Defendant borrowed money from the victim, the Defendant did not have any intent or ability to repay it within one to two weeks.
The Defendant, as above, by deceiving the victim, obtained a sum of KRW 150 million cashier’s checks from the victim, namely, KRW 10 million, and KRW 50 million, such as one cashier’s checks of KRW 50 million, from the victim.
2. On May 15, 2014, the Defendant called “a bank loan of KRW 10 million to the victim G” by phoneing the victim G, and “a bank loan of KRW 150 million will be repaid up to KRW 150 million prior to receiving the loan.”
However, in fact, the defendant did not have any intent or ability to obtain a bank loan from the victim for the use of the money borrowed from the victim as a expense to repay the existing debts to the victim.
As above, the Defendant, by deceiving the victim, received 8 million won from the victim to the single bank account in the I name, and fraudulently acquired it.
【2016 Gohap321】
3. On January 30, 2015, the Defendant concluded that, at the joint legal office of Gangnam-gu Seoul, a notary public on the fourth floor of the J building, loans KRW 100 million to the victim K who wishes to obtain a loan of KRW 200 million from the Esphish loan (hereinafter “Sphish loan”) from the joint law office, and that, at the same time, the Defendant provided a loan of KRW 200 million to the victim K, “the loan fee is at least KRW 20 million, and the loan is at KRW 80 million, and the loan is at KRW 80,000,000,000,000 is to be fully resolved. Party shall use only KRW 100,000,000,000, and only KRW 100,000,000,000,000.”
However, the defendant has received KRW 80 million from the victim.