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(영문) 대구지방법원 2019.11.27 2019고단4210

업무상횡령등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. Around May 7, 2019, the Defendant made a false statement to the victim D, “The Government shall send money to the victim D on behalf of China on behalf of China. The Government shall pay back the money.”

However, the defendant thought that he would use the money borrowed from the victim for illegal sports discussions, and even if he did not borrow the money from the victim due to the lack of certain income or assets, there was no intention or ability to repay it.

The Defendant, by deceiving the victim as above, received KRW 5 million from the victim to the Agricultural Cooperative Account (E) in the name of the Defendant.

2. From June to August 2019, the Defendant has been engaged in the management of the payment in the above C, where the victim F is well-known.

A. On July 20, 2019, the Defendant was in custody of KRW 500,000,000 which was 50,000 from G for the victim under the pretext of C, and around that time, used the same place for personal purposes, such as illegal sports gambling funds.

B. Around August 2, 2019, the Defendant was in custody of KRW 100,000,000,000, which was 100,000,000 from H for the purpose of Sc with the intent of personal use, such as illegal sports gambling funds, at the same place around that time.

3. On August 2, 2019, the Defendant entering a door, which had not been equipped with locking devices, was opened around August 2, 2019, and intruded on the victim’s residence by opening a door that had the cash stored in the victim F residing in the above C, and then stolen the cash stored in the locking room.

4. The Defendant, at the above time and place, had an envelope containing KRW 3.8 million in cash, which is the victim’s possession, in a paper room and a book room, in which the victim F was blicked with the victim’s flicking place, and continued to be in C parking lot.