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(영문) 서울서부지방법원 2014.06.20 2013고단2410

횡령등

Text

A defendant shall be punished by imprisonment for two years.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

around February 2012, the Defendant borrowed money from the Victim F to use the Gbenz car in an amount equivalent to KRW 70 million at the market price from the Victim F and provided it as a security at his/her own expense at the I office located in Daegu-gu H, and then borrowed money from the said J at the same place until February 23, 2012, and embezzled the money from the said J at the same place from February 23, 2012, as stated in the annexed List of Crimes (However, the No. 1’s “No. 27 January 27, 2012,” and “K” as stated in the annexed List of Crimes (the correction to “F”).

On April 7, 2010, the Defendant stated that “The Defendant would pay back money immediately after one month if he/she lends money to the Victim L, who was a partner in the Dagdong-dong, which was a member of the Dogdong-dong on April 7, 2010.

However, at the time, the defendant was liable for the personal debt equivalent to KRW 8,00,00 and there was no certain occupation, so even if he borrowed money from the victim, he did not have the ability to repay it as the promise.

The Defendant, as seen above, received KRW 3 million from the victim’s new bank account in the name of the Defendant, and acquired KRW 82,300,000 in total from February 15, 201 to February 19, 201, from the time on which the Defendant received KRW 82,30,000 from the victim’s new bank account in the name of the Defendant.

On May 201, the Defendant stated that “The Defendant would make a car loan, credit loan, and officetel lease business in Seoul” to the victim E at the coffee shop located in Gangnam-gu Seoul, Gangnam-gu, Seoul, on the first day of May 2011, that “The Defendant would enable the victim E to gain a lot of profits every month when investing money.”

However, at the time, the defendant was living without a certain occupation, and the money received from the victim is the personal debt or the private gift.