(영문) 서울중앙지방법원 2010. 8. 24. 선고 2010고단1600 판결[사기·횡령][미간행]
Defendant
Kim In-su
Attorney Quota (Korean National Assembly)
A defendant shall be punished by imprisonment for a term of one year and two months.
The Defendant is a person who has been engaged in indoor tech fishery in the trade name of Samsungdong, Gangnam-gu (Land Number 1 omitted).
1. Fraud;
On January 7, 2009, the Defendant told the victim Nonindicted Party 1 (the Nonindicted Party in the second instance judgment) in the office of the victim Nonindicted Party 1 (the Nonindicted Party in the second instance judgment) located in the Seocho-gu Seoul Seocho-gu (number 2 omitted), that “If the Defendant lent the money, he would perform the construction of “△△△△△△ store located in the Chungcheongnam-gu hot Spring Complex” with the said money, but the Defendant did not perform the said construction and did not have the ability to repay the borrowed money. The Defendant received 23,490,000 won from the victim to the account in the name of Nonindicted Party 2 on the same day, as in the list of crimes in the attached Form, and acquired 235,940,000 won in total by means of entry in the list of crimes at the same place on the same day.
2. Embezzlement;
Around February 12, 2009, the Defendant transferred a claim against KRW 26,100,000, out of KRW 56,300,000, of the claim for the construction cost of ○○○○○○○○○○ store in Gangnam-gu, Seoul. Accordingly, when the Defendant received and kept the construction cost from the obligor, the Defendant shall deliver the claim to the victim.
Nevertheless, around March 2009, the Defendant received KRW 56,300,000 of the above construction cost from the above ○○○○○ store and embezzled KRW 26,100,000 among them on behalf of the victim.
1. Defendant's legal statement;
1. The police statement of Nonindicted Party 1
1. Each loan certificate, bond transfer and takeover contract, written estimate, drawings, statement of free savings transaction, details of each period of receipt, agreement note, certificate of deposit transaction performance, certificate of deposit transaction performance, statement of payment for construction work, and details of passbook transaction;
1. Police seizure records;
1. Article relevant to the facts constituting an offense and the selection of punishment;
Articles 347(1) and 355(1) of the Criminal Act (the point of embezzlement): Selection of imprisonment with prison labor.
1. Aggravation for concurrent crimes;
Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act
Considering the fact that the Defendant has no criminal record other than a fine once, the circumstances leading to the instant case, the fact that the Defendant repaid the Defendant’s debt or paid the employee’s salary, and that the Defendant has repaid some of the money, the Defendant borrowed money as security, the amount of damage of the instant case, and the amount of damage has not been recovered, etc., the Defendant shall be sentenced to the same punishment as the order, taking into account all of the following factors:
[Attachment]
Judges Lee Dong-chul