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(영문) 대구지방법원 2016.09.29 2015고단3547

횡령등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On January 17, 2014, the Defendant agreed to pay rent of KRW 1,207,60 per month between 48 months and 48 months from the date of January 17, 2018 and embezzled the said car by transferring the said car to a person without the name of the deceased on July 11, 2014.

On April 26, 2014, the Defendant prepared for the Defendant to pay 300,000 won of the down payment to the victim G who visited in order to enter into a contract for the remaining building in F'F's le-to-land operated by the Defendant on the sixth floor of the building in Daegu Northern-gu, Daegu, Seoul, for the use of the remaining le-to-land. < Amended by Act No. 12844, Dec. 19, 2014>

“A false representation was made.”

However, the defendant did not have any particular property, and around that time, he experienced serious operational difficulties to the extent that he did not pay the monthly rent of 48 million won in total, electricity and water supply, management expenses, etc., and even if he received the down payment from the injured party, he did not have any intention or ability to exercise the late payment.

The defendant deceivings the victim as above and was remitted 300,000 won as down payment to the account in the name of the defendant on the same day from the victim.

On February 2, 2014, the Defendant stated that “F” 5,000 won would be prepared to pay down payment to the victim H on July 19, 2014, when he/she pays down payment of KRW 300,000,000.”

However, in fact, the defendant did not have any special property, and since it is difficult to cope with monthly rent and management expenses only with the above Lestop revenue, there was no intention or ability to exercise the remaining right even if he receives the down payment from the injured party.

Accordingly, the defendant deceivings the victim and belongs to it.