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(영문) 대구지방법원 2020.07.22 2020고정191
횡령등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 1, 2016, the Defendant was sentenced to one year of imprisonment for fraud, etc. at the Daegu District Court on September 1, 2016 and the said judgment became final and conclusive on September 9, 2016.

1. On April 8, 2014, the Defendant, through the sales agent chain C of the Victim B Co., Ltd., the Defendant: (a) departed from 39 months to 79,500 won a monthly rent; (b) agreed on the transfer of ownership after sirens for 39 months; and (c) entered into a “D Alma’s siren agreement.”

On April 18, 2014, pursuant to the above agreement, the Defendant was established at one of the above massages with the victim company's residence in Busan Metropolitan City E and kept for the victim company after paying rent of eight times until December 22, 2014, and did not pay rent thereafter, the Defendant refused the victim company's request for return of the said massages to the victim company on May 23, 2018.

Accordingly, the Defendant embezzled the property owned by the victim.

2. On June 1, 2015, the Defendant, via the sales agent chain C of the Victim B Co., Ltd., Ltd., agreed on “F character and presses one unit” in the monthly rent of 34,900 won, and the transfer of ownership after siren for 60 months, etc., and ordered the above mert lease and presses one unit to be installed in Busan-si, the Defendant’s residence on June 15, 2015.

However, the defendant did not have an intention or ability to pay monthly rent normally even if he was installed by ordering the above mail lease and press.

The Defendant entered into a “Fene Agreement” from the victim company, and was installed with the above mete lease and press amounting to KRW 2,094,000 at the market price.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. The complaint chief, D's sirens written agreement, written confirmation of the installation of the massage, written statement of the massage's deposit, the chief executive officer in default, French Agreement, and LT.

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