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(영문) 전주지방법원 정읍지원 2015.11.17 2015고단221

횡령등

Text

1. As to the crime No. 1 of the judgment of the defendant, the punishment of imprisonment with prison labor for the crime No. 2 of the judgment as to the defendant is 6 months and 1 and 6 months.

Reasons

Punishment of the crime

1. On November 8, 2012, the Defendant, “2014 Godan97,” was sentenced to a suspension of the execution of six months of imprisonment with prison labor at the Jeonju District Court for the crime of occupational embezzlement, and the said judgment became final and conclusive on November 16, 2012.

The Defendant stated to the effect that, around June 2011, QB (year 52) was “If the Defendant leased KRW 100 million as it is necessary to pay money due to the purchase cost, etc. of strawstones, equipment necessary for blasting of tin acid, it shall be used only for three to four months, and the principal and interest shall be repaid by producing tin.”

6. Around 28. Around the same day, the above Q office concluded a contract for the said work with the said victim and stated to the effect that “I would make payment for the construction cost if I would make tin in Pusan to be produced.”

However, in fact, the defendant thought that he would pay his personal debt with the borrowed money received from the victim. At the time, the period of permission for the collection of earth and stone has expired, and the permission for the extension of the collection of earth and stone has been refused even after it had been rejected, so it was impossible to collect more earth and stone because it was almost difficult to do so, and since the sales place of the collected earth and stone has not been properly secured, it was impossible to make profits even if he produces stone from the above tin.

As above, the Defendant, by deceiving the victim, and deceiving him/her from the victim, to KRW 50 million on June 30, 201, under the same year.

9. 8. 30 million won, each of which was received from the victim, had the victim make a blasting construction work for the production of stone from October 20, 201 to April 30, 201, and did not pay the price, thereby acquiring property profits equivalent to KRW 1.7 million for the said construction work.

2. On November 29, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for fraud at the Jeonju District Court on November 29, 2012, and the judgment became final and conclusive on December 7, 2012. On November 12, 2013, the said court was sentenced to two years of imprisonment with prison labor for one year for fraud and on January 25, 2014.