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(영문) 의정부지방법원 고양지원 2019.07.23 2019고합23
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A defendant shall be punished by imprisonment for seven years.

Reasons

Punishment of the crime

[Service experience of the Defendant] The Defendant actually operated the company with the trade name “C” for the purpose of logistics storage business, etc. from YY-dong-gu, Busan Metropolitan City to November 24, 2014, and D, a corporation established by converting the above company into a corporation from 29 September 2017.

【Criminal Facts】

1. Frauds and embezzlements to victims E (2019, aggregate64);

A. On March 3, 2017, the Defendant made a false statement to the effect that “C”, a logistics warehouse and office of the Defendant located in Ildong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong (hereinafter “C”), “The Defendant is expected to make a business leasing the freezing containers. If the Defendant borrowed KRW 50,000,000,000,000,000,000 won for the purchase of the container, he/she is employed as the partner of the victim and paid KRW 2,00

However, the Defendant had no intention or ability to purchase containers with the borrowed money and to engage in leasing business even if the Defendant had already incurred approximately KRW 300,000,000 or more debts from the victim, and there was no other project that would have been able to use the money for the repayment of the existing debt.

The Defendant was transferred from the victim to the bank account (company, bank, and G) opened in the name of the F used by the Defendant for the purpose of borrowing KRW 14 million on March 3, 2017, KRW 12 million on April 11, 2017, KRW 20 million on May 11, 2017, and KRW 46 million on May 11, 2017.

B. On November 27, 2017, the Defendant made a false statement to the effect that “The Defendant shall use only one month when he/she lends 24,00 won to the victim’s office located in Yongsan-gu, Yongsan-gu, Yongsan-gu, Seoul, for security, a woman of KRW 35 million who is a woman of KRW 2,500,000, which shall be offered as security, and shall be calculated as 6% per month on the interest paid.”

However, in fact, the clothes provided by the defendant was owned by I, and the defendant bears a large amount of obligation as above.

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