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(영문) 서울남부지방법원 2013.06.12 2012고단4843

절도등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On January 18, 2013, the Defendant was sentenced to one year of imprisonment and two years of suspended execution due to occupational embezzlement in Seoul Southern District Court on January 18, 201, and the judgment became final and conclusive on January 26, 2013.

"2012 Highest 4843"

1. On May 5, 2012, at around 02:00, the Defendant borrowed KRW 15 million from D from D to E pawned Hall operated by D located in D, Gangwon-gun, Gangwon-do, and transferred the Victim’s car as security by providing D with the amount equivalent to KRW 20 million at the market price owned by the victim, which was kept for the victim while operating with D’s consent.

Accordingly, the Defendant embezzled the car owned by the victim.

2. Around 02:00 on May 5, 2012, the Defendant made a false statement to the effect that “The Defendant borrowed KRW 15 million to the victim D as security for the said car owned by the Defendant.”

However, in fact, since the above car is not owned by the defendant, the defendant did not have a legitimate right to leave the car as security to the victim.

The Defendant, by deceiving the victim as above, received KRW 14.5 million from the victim as the borrowed money.

"2013 Highest 1237"

1. Around December 2011, the Defendant made a false statement at the Yeongdeungpo-gu Seoul Metropolitan Government H H “I” center, stating that “The victim J is lacking funds to take over a place of business at the home. If the Defendant invests KRW 10 million, KRW 200,000 per month’s interest will be paid and until March 15, 2012.”

However, even though the defendant received money from the victim, the defendant did not use the original place of business in acquiring the defendant's obligation, and was planned to use the defendant's obligation, and there was no intention or ability to pay the victim's money due to a large amount of obligation at the time.

The Defendant, by deceiving the victim as above, received money from the victim on December 24, 201 to the passbook in the name of L on December 24, 201.

2. The Defendant’s places on January 201, 201, and is on duty.