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(영문) 창원지방법원 통영지원 2016.10.21 2015고단1290

사기

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

[criminal power] On December 22, 2015, the Defendant was sentenced to a suspended sentence of one year for six months of imprisonment for embezzlement at the Changwon District Court’s branch branch on the 30th of the same month, and the judgment became final and conclusive.

【Criminal Facts】

"2015 Highest 1290"

1. On September 24, 2013, the Defendant: (a) “E” which is a fishery products distributor of the Defendant’s fishery products located in Yong-si, Young-si; (b) on September 24, 2013, the Defendant was merely a means of raising the Defendant’s funds due to the shortage of the Defendant’s fishery products distributor’s management funds; (c) there is no intent or ability to share 300 million won in the amount of investments in equal shares with the victim C; and (d) there is no intent or ability to pay the Defendant the principal of investments and the proceeds therefrom; (c) the victim may be able to bring considerable profits to the Defendant when he/she operates a distribution and export company, such as domestic and Chinese, in the absence of any intent or ability to pay the principal of investments. Accordingly, each of the 300 million won shares, and the principal of investments and the proceeds therefrom will be settled and paid by the last settlement of accounts until September 23, 2014; and (d) the defrauded acquired the funds from the Defendant bank’s account under the name of the date.

2. The facts in “E” as stated in paragraph (1) of June 3, 2014 against the victim C are as follows: (a) KRW 100 million on January 24, 2014 of the principal amount of the said investment; and (b) the same year

2. A total of KRW 150 million was returned on two occasions, including KRW 50 million, and the remainder of the investment principal and profits were not paid, and even if the funds were borrowed from the victim, the above investment principal and profits were not paid or the victim did not have any intent or ability to repay the above investment principal and profits or to repay the borrowed money. However, the victim was supplied the victim on credit at the existing customer located in Busan, such as misunderstanding and destruction, and the payment was not made.