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(영문) 인천지방법원 2014.12.17 2014고단5479

횡령등

Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a period of four months.

Reasons

Criminal facts

"2014 Highest 5479"

1. Fraud;

A. The Defendant was a person who, from June 30, 2008, operated the “F” under the name of wife E, as the purchase price for the destroyed season.

Around April 2010, the Defendant stated that “Around the same day, the Defendant is running a school equipment supply business with the trade name of “F, such as in-house E” in the office of “F” as the wife in Bupyeong-gu, Seocheon-gu Office 204, Seocheon-gu, Seoul. However, the Defendant would make a false statement to the effect that “I will take 20% of the principal and 30% of the revenue if I lend the purchase fund of the destroyed season.”

However, in fact, the Defendant did not deliver the destroyed spawn to the school, and even if he received the money from the victim, he did not have the intent or ability to pay the borrowed spawn because he used the money to pay his personal debt or to pay the overdue payment by other

On April 22, 2010, the Defendant: (a) by deceiving the victim as above; (b) received KRW 10 million from the victim to the one bank account under one’s own name as the borrowed money; (c) and (d) received a total of KRW 151,00,000 from around that time to June 23, 2010 by the victim five times in total, as shown in the [Attachment Table Nos. 1 through 5] from around that time.

B. On July 12, 2010, the Defendant: (a) received demand from the victim for repayment of the said borrowed money from the said “F office; (b) purchased the destroyed money at a low time with the victim and supplied the proceeds to the school.

However, it is impossible to purchase school machinery and materials because it is not possible to find money from the public prosecutor's office to suspend the payment of F company passbook accounts due to the internal investigation conducted by the public prosecutor's office in relation to acceptance of bribe to school principals.

If money is lent to purchase school equipment, the suspension of payment on the company account is released.