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(영문) 서울남부지방법원 2014.06.16 2014고단1314
사기등
Text

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

Reasons

Punishment of the crime

1. Around September 2007, the Defendant made a false statement to the effect that he would pay the principal to the victim C with the interest rate of 2% per month when he/she lends 10 million won to the victim C, who is a public official in South and North Korea, with the interest rate of 10 million won.

However, at the time, the Defendant did not have any intent or ability to repay the debt even if he borrowed money from the victim due to the absence of any special property or income.

As such, the Defendant, by deceiving the victim, received KRW 10 million from the victim as the borrowed money, and acquired KRW 208,400,000 in total on 17 occasions from that time to August 11, 2010, as shown in the attached Table of Crimes (1).

2. The Defendant, a business embezzlement from October 1, 2007 to June 2012, 201, is the management president of the E apartment complex where the total 19 households located in Guro-gu Seoul Metropolitan Government (D), and was engaged in the collection of management expenses, public charges, and management of facilities. A.

On October 5, 2007, the Defendant, in relation to apartment management expenses, embezzled KRW 17,581,100 in total over 67 times as shown in the crime list of annexed crimes (2) from the victim, he voluntarily withdrawn KRW 320,000 to the account of a national bank in the name of the Defendant for the victims after receiving management expenses from the occupant of the above apartment, and arbitrarily spent them for private purposes, such as personal debt repayment, etc.

B. On September 2, 2009, the Defendant: (a) received a deposit deposit of KRW 20 million deposited in G at the G office located in Seocheon-gu, Seocheon-gu, Incheon; and (b) transferred to the national bank account under the name of the Defendant for victims at the expense of repairing the defects of the above apartment.

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