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(영문) 서울중앙지방법원 2015.03.25 2014고단8328

횡령등

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On November 2, 2006, the Defendant sentenced the Seoul Central District Court to two years of imprisonment for fraud, etc., and completed the execution of the sentence on June 23, 2008.

[2014 Highest 8328]

1. Around November 19:00 on November 5, 2008, the Defendant leased a car owned by the victim C, which is a woman, at the modern apartment underground parking lot located in the pressure-gu Seoul Gangnam-gu Seoul, Gangnam-gu, Seoul, for the purpose of embezzlement against the victim C.

At around 20:00 on November 12, 2008, the Defendant kept the leased car for the victim, and transferred it to E at will at the front parking lot of the mutually infaas game room located in Samsungdong, Gangnam-gu, Seoul.

Accordingly, the defendant embezzled the victim's property.

[2014 Highest 9175]

2. On June 2012, the Defendant committed the crime of fraud against the victim F, the Defendant stated to the effect that “I will complete payment two weeks after lending money from the victim F’s “H” room in Gangnam-gu Seoul Metropolitan Government G hotel, and from the victim F, “I will lend the money to the victim F by hiring the affiliated telecomer with the telecomer.”

However, the Defendant did not operate a telecom so that he could not find the victim as a telecom manager, and even if he did not have any specific property, he did not have any intent or ability to repay the money from the victim.

Around June 21, 2012, the Defendant, by deceiving the victim as such, received 4 million won in cash near Samsungdong-dong, Gangnam-gu, Seoul, and 8 million won in cash on the street in Gangnam-gu, Seoul around June 22, 2012, and acquired 12 million won in total, including eight million won in cash on the street suitable for G hotel located in Gangnam-gu, Seoul.

[2014 Highest 9361]

3. Fraud committed against the victim J;

A. A. Around June 26, 2008, the Defendant stated that, around June 26, 2008, around June 26, 2008, the Defendant would pay five million won the loan to the victim J at the Seocho-gu Seoul Metropolitan Government Seocho-dong Office 1305-8 Co., Ltd., Seocho-gu, Seocho-gu, Seoul, “If the Defendant borrowed the name of the lending, it would make the loan repaid without changing the title.”

(b).