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(영문) 서울남부지방법원 2013.08.12 2013고정220
횡령등
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant is the North Korean defectors who were the same as the victim C ( South and 42 years of age) and came to know through the North Korean defectors' meeting for about four years.

1. The Defendant: (a) around February 22, 201, at F in the EM market in Gangseo-gu Seoul Metropolitan Government, entrusted the victim with the sale of Gamblance passenger cars, Hamblance passenger cars, Irocketing passenger cars, J sealed and III cargo cars owned by the victim; (b) on February 23, 2011, sold the said amblance passenger cars to K for KRW 31.5 million; (c) on February 23, 2011, the expenses incidental to the said amblance passenger cars are sold to L for KRW 1.1.5 million; (d) on February 23, 201, the Defendant sold the said amblance passenger cars for KRW 1,770,000; and (e) on February 23, 2011, sold the said amblance passenger cars for KRW 1,700,060,000 won to MM around 23, 2011.

2. Around February 22, 2011, the fraud Defendant made a false statement to the victim that “The victim would pay the four installments, delivery money, etc. of the foregoing vehicle on behalf of the victim.”

However, in fact, the defendant did not have the intention or ability to pay installments, delivery money, etc. of the above vehicle on behalf of the victim.

As above, the Defendant deceptioned the victim and delivered 5 million won in cash to the Defendant’s vehicle parked on the front of F around February 22, 201, and received 6 million won in cash at the same place as on February 23, 2011, and around February 28, 201, the Defendant received 5 million won in the Defendant’s new bank account.

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