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(영문) 전주지방법원 2015.02.05 2014고단1808

횡령등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 24, 2014, the Defendant was sentenced to a suspended sentence of one-year imprisonment for fraud at the Jeonju District Court on November 12, 2014, which became final and conclusive on November 12, 2014.

1. On March 1, 2009, the Defendant: (a) received a discount request from the issuer, Youngto Co., Ltd., Ltd.; (b) on July 15, 2009, the due date of payment; and (c) promised to pay the victim KRW 32,00,000,000,000, excluding interest (8,000,000) based on five copies per month, under the pretext of a discount from E, who was in charge of the business of discount of bills by the victim C (representative D) corporation (representative D) at an insular place.

On March 25, 2009, the Defendant: (a) discounted the said Promissory Notes from the Tae-dong Savings Bank located in Taesung-dong, Taesung-dong; (b) transferred the said Promissory Notes to the victim KRW 23,000,000 on the same day; and (c) consumed the remainder of KRW 9,000,000 for personal use around that day, in mind.

Accordingly, the defendant embezzled the victim's property.

2. Around October 24, 2011, the Defendant said, by telephone, that “A vehicle repair cost is required. If a vehicle repair cost is lent to the victim F, it would be immediately repaid.”

However, the Defendant paid KRW 3,00,000 per month to the vehicle installments purchased with KRW 55,000,000 and KRW 3,000 per month around 201, except for the above debt. The Defendant’s income at the time was not able to pay the above installments of the vehicle, and there was no intention or ability to pay the above money properly even if he borrowed the money from the victim.

Nevertheless, the Defendant, as above, deceiving the victim and received KRW 1,00,000 from the Agricultural Cooperative Account in G on the same day, and in the same way, he/she received the transfer of KRW 1,00,00.