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(영문) 울산지방법원 2019.07.25 2018고단2529
횡령등
Text

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

Reasons

Punishment of the crime

"2018 Highest 2529"

1. On August 26, 2016, the Defendant entered into a lease agreement with the victim E Co., Ltd. and the Defendant to pay KRW 1,338,000 on every 10th day of the month with the victim E Co., Ltd., and entered into a lease agreement with the Defendant.

While the Defendant kept the above vehicle owned by the victim, the Defendant embezzled the above vehicle equivalent to KRW 70 million at the market price by borrowing KRW 10 million from a credit service provider under the name of the non-resident on September 2017 and offering it as security.

"2018 Highest 3649"

2. Around May 2017, the Defendant decided to operate a victim F (the 35 years old at that time, and the 35 years old at that time) and a restaurant in the past, and when mutual trust was formed, the Defendant was aware that the victim received a start-up loan at the time, and was able to obtain money from the victim with the name of the borrowed money.

Around 15:00 on March 24, 2017, the Defendant made a false statement that “The card value will be lent to the victim immediately if members, etc. enter after 2 weeks in the healthcare room located in the Nam-gu Busan Metropolitan City, Ulsan Metropolitan City.”

However, in fact, due to the lack of operating expenses for the Defendant’s operation, the Defendant’s health care center was operated as loans from the enemy and the individuals, and the monthly and public charges were imposed, as well as there was no property specially held, and there was no intention or ability to repay the amount up to the date of the promise, even if the Defendant borrowed money from the victim, because there was no property to be held, about KRW 100 million in total against the financial institutions, and about KRW 30 million in total against the individual.

Nevertheless, the defendant deceiving the victim as above and received 2 million won from the victim's account (Account Number: G) in the name of the defendant as well as transferred from the victim to November 8 of the same year as shown in the annexed list of crimes.

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