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(영문) 부산지방법원 동부지원 2021.01.14 2020고단1379

사기등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

1. The Defendant operated the embling-import agent company B.

On January 3, 2014, the Defendant received a request from the injured party D to make a tender or import agency for the “F” at the E office operated by the injured party D in Busan, Busan, the Defendant used the total of KRW 20,000,000 on the same day as the bid bond, and KRW 42,00,000,000 on January 6, 2014 as the bid bond amount, and stored for the injured party in B’s corporate bank account (Account Number G) around January 6, 2014, and transferred KRW 50,817,455 (in Japan, KRW 5,000,00) as a foreign currency as the bid bond, and used the remainder of KRW 11,182,545,00 on the same day as the Defendant’s living expenses, business funds, etc. around that time.

Around March 6, 2014, the Defendant continued to participate in the bid of the above F through H, a corporation located in Japan, and paid KRW 46,474,100, which was part of the amount of money that was paid as a bid deposit due to failed to receive a successful bid, and was refunded to the above corporate bank account and stored for the victim, the Defendant used the victim’s living expenses, business funds, etc. and used the Defendant’s living expenses, etc. at that time

Accordingly, the Defendant embezzled KRW 57,656,645 (= KRW 11,182,545, KRW 46,474,100), which was kept by the Defendant for the victim.

2. On January 13, 2014, the Defendant was awarded a bid in Japan to the said victim D at the place described in paragraph 1 at around January 13, 2014, “F in Japan was awarded a bid in Japan to the said victim D.

When paying the cost of a ship, the ship will enter the port of Busan by April 10, 2014.

“Before making a false statement, I prepared a ship import agency contract with the victim.”

However, as at the time of the commencement of the F-related auction procedure, the defendant did not have been awarded the above ship at all, and even if so, it was unclear whether the defendant can receive the above ship successful bid, and it is difficult to operate the company.