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(영문) 전주지방법원 군산지원 2012.11.07 2011고단2254

횡령등

Text

A defendant shall be punished by imprisonment for six months.

Of the facts charged in the instant case, each fraud is acquitted.

Reasons

Punishment of the crime

Around 17:00 on March 18, 2011, the Defendant jointly purchased the land located in the D Real Estate Office located in the Dasan-si, the Defendant: (a) decided to jointly purchase the land located in the victim E, E, Y and G; (b) concluded a land sales contract with the victim as a contract deposit and a brokerage commission; and (c) concluded a contract with the victim; (d) on May 201, the contract was rescinded; (e) returned the amount of KRW 28 million to the victim, including the amount returned from the seller H around May 201; and (e) embezzled the remainder of KRW 12 million for the victim’s personal use at his/her own discretion around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to police statements made to E and I (record of evidence No. 201 high group 2254);

1. Article 35(1) of the relevant statutory provisions regarding criminal facts, Article 355(1) of the Criminal Act, the charges charged against the charge of not guilty of imprisonment with labor, and the Defendant issued a guarantee on the same document on around 2009, which led to the failure of the Defendant to pay the guaranteed debt, and thus, the Defendant filed a civil lawsuit from Seoul Guarantee Insurance around 2008, and thereby became final and conclusive a bad credit holder. In addition, the Defendant was in a state of lack of intent or ability to pay the debt even if he borrowed money from the victims because there was no fixed income, such as there was no occupation at the time of August 2010.

1. On August 1, 2010, the Defendant committed the crime against the victim E, who made a false statement to the victim E at the victim E-house in the Hasan-si Court of Justice, stating that “The victim is urgently required, and repaid 25 million won after 2-3 days, she shall be lent 25 million won.”

However, the Defendant had no intent or ability to repay it within the period of the promise, as it is economically difficult for him to do so.

Nevertheless, the defendant deceivings the victim as above, and is 25 million won as the agricultural bank account opened in the name of the defendant on August 2, 2010 from the victim.