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(영문) 대전지방법원 홍성지원 2016.02.03 2015고단426

준사기등

Text

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

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

Reasons

Punishment of the crime

1. When the victim C was involved in a traffic accident around October 4, 2008 and received KRW 35,00,000 from Samsung Fire around January 28, 2010, the Defendant used the Defendant’s loans to pay KRW 25,000,000 to the Defendant’s house owner at the time of the Defendant’s house located in Chungcheongnam-gun, Chungcheongnam-gun, the end of January 2010 and used the Defendant’s loans to pay KRW 28,00,000, out of the above agreed money to receive KRW 28,000,000 from the victim and kept for the victim.

Accordingly, the defendant embezzled the victim's property.

2. When the victim C worked in E-Myeon office from January 201 to receive wages, the Defendant would give the victim management in lieu of the wages paid by E-Myeon office at the Defendant’s home as indicated in paragraph (1) around February 2011.

“In the end, while receiving KRW 300,000 from the injured party and being kept for the injured party, he voluntarily consumed KRW 3,000,000 in total by the same method over 10 times from around that time to November of the same year, including the Defendant’s voluntary consumption of the Defendant’s living expenses, etc. from members of the Seocheon-gun-gun Branch around that time, and also from around that time to around 11 of the same year.

Accordingly, the defendant embezzled the victim's property.

3. When the victim C worked at the Seocheon-gun F Center from November 201, 201, the Defendant would give the victim management instead of the wage paid by the Seocheon-gun F Center.

“Along with the issuance of a passbook (Account Number G) from the injured party under the name of the injured party, withdrawal of KRW 740,00 from the above account on December 1, 201, and payment of KRW 230,000 to the injured party, and the remainder of KRW 510,000 to the injured party, while being kept for the injured party, at around that time, arbitrarily used the Defendant’s living expenses, etc. from the members of Seocheon-gun Branch around that time, and from that time until July 31, 2012, the same is extended to nine times in total from the members of Seocheon-gun, Seocheon-gun.