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(영문) 서울북부지방법원 2016.08.31 2015고단1502
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

74,000 won out of the litigation costs shall be borne by the defendant.

Reasons

Punishment of the crime

1. In the case of embezzlement (Embezzlement: KRW 40 million) the Defendant, on May 2, 2013, received the victim F’s credit claim KRW 110 million in lieu of the victim F’s credit, in the case of “E certified judicial scrivener” suit located in Y, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant would receive KRW 10 million on behalf of the victim F.

Then, the defendant made the appearance like the transfer of the above claim from the injured party.

Accordingly, on May 15, 2014, the Defendant: (a) transferred money of KRW 10 million to the Defendant’s foreign exchange bank account on May 15, 2014; (b) KRW 40 million on July 16, 2014; and (c) KRW 60 million on July 18, 2014; and (d) deposited the money for the victim.

Nevertheless, the Defendant returned only KRW 20 million among the above KRW 60 million to the victim, and embezzled KRW 40 million for the purpose of the Defendant’s personal debt repayment around July 2014 without returning the remainder of KRW 40 million to the victim.

2. The Defendant was a person who received ginseng on credit from the victim F to re-satise ginseng and then re-satise ginseng. The Defendant’s attempted amount of the Defendant’s ginseng supply gradually increased around 2008, and the victim suspended the supply of ginseng above.

On May 4, 2010, the Defendant agreed to pay the amount of attempted money to be paid to the victim at KRW 130 million until December 30, 2010.

A. On September 4, 2013, the Defendant provided that “The Defendant would pay the price within two to three days by supplying ginseng to the Ginseng Association of the Republic of Korea, if he/she supplied it to the Republic of Korea, by supplying it to the Defendant.”

However, as seen earlier, the Defendant had already been obligated to pay KRW 130 million to the victim, and had been urged by other business partners to pay the credit amount, and even if the above ginseng sales proceeds were paid, it was thought that the other business partners would first pay the other business partners’ liability, and thus, even if the ginseng was supplied from the victim, it is agreed upon.

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