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(영문) 대전지방법원 홍성지원 2016.10.12 2016고단441
업무상횡령등
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

The Defendant is a person in charge of C, etc., who works as an employee of the Incheon Northern Agricultural Cooperative in Bocheon-si from April 1, 201 to November 27, 2015.

1. Around September 26, 2013, the Defendant made a false statement to the effect that “the Defendant would have no money to purchase the agricultural machinery to be used” to the victim’s home located in Boan-si, Boan-si, and that “the Defendant would have sold and repaid the agricultural machinery to be used” if the Defendant borrowed KRW 6.5 million.

However, in fact, the defendant thought that he would use the money borrowed from the victim as money for gambling, and even if he borrowed money from the victim, he did not have the intention or ability to pay it.

As above, the Defendant, by deceiving the victim as above, received 6.5 million won from the victim, namely, the money borrowed from the seat.

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

2. From around 2011, the Defendant closed down the business of repairing agricultural machinery, which was operated as addicted to gambling, and, from November 201, from the above point of view, the Defendant saw that from the above point of view of gambling, the Defendant 201 sold agricultural machinery parts, agricultural machinery parts, and lubric oil owned by the Defendant, the victim, with the intention of using the proceeds from selling agricultural machinery parts, agricultural machinery, and lux oil as gambling funds.

around April 2014, the Defendant sold 2,200,000 won agricultural machinery and appliances (SH-130A) equivalent to the market price of 2,20,000 won to customers in the name of Boh-si, and arbitrarily consumed the proceeds from sale while in the course of carrying on business for the victim, and then used them with money for gambling. From January 2014 to November 2015, the Defendant sold agricultural machinery and appliances equivalent to KRW 29,630,000 in total market price of 28 times in total, as shown in the attached Table of Crimes (1) in the attached Table of Crimes (1), and then arbitrarily consumed them with money for gambling, and as shown in the attached Table of Crimes (2).

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