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(영문) 청주지방법원 영동지원 2014.02.13 2013고단156

업무상횡령등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[Criminal Power] On January 24, 2013, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Punishment of Arrangement of Commercial Sex Acts, Etc. at the Daegu District Court on the Punishment of Arrangement of Commercial Sex Acts, Etc. and is still under suspended execution for a period of two years.

【Criminal Facts】

1. From August 2009 to December 2009, the Defendant was engaged in the business of purchasing clothes, etc. while operating the clothing shop called “E” in the victim C (n, 39 years of age) and the Gyeongdong-gun D with the victim from August 2009.

On December 2, 2009, the Defendant used 7 million won for personal purposes by arbitrarily disposing of the clothing shop, including the above clothing shop, that he purchased at the above clothing shop with seven million won invested by the victim for the purpose of the victim.

2. Fraud;

A. A. On October 14, 2009, the Defendant committed the crime of October 14, 2009, at the above clothing shop around the above clothing shop, the Defendant may receive interest equivalent to 5% if he/she lends money to the victim F (the age of 34). If he/she lends money to the Plaintiff, he/she would receive interest on the money and make payment after the six months.

However, as the Defendant had a debt equivalent to KRW 100 million in bad credit standing at the time, the Defendant did not have any intent or ability to repay the said debt after six months.

The Defendant, as such, by deceiving the victim, received five million won from the victim’s seat.

B. On December 23, 2009, the Defendant committed the crime of December 23, 2009, at the above clothes shop, made a false statement to the effect that “I wish to open a sexual game room and borrowed funds necessary for opening the business. I want to pay money.”

However, as the Defendant had a debt equivalent to KRW 100 million in bad credit standing at the time, the Defendant did not have any intent or ability to repay the above money even after borrowing it.

The defendant deceivings the victim and is under his control.