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(영문) 전주지방법원 군산지원 2019.03.27 2018고단327
횡령등
Text

Defendant

A Imprisonment for a year and six months, Defendant B's imprisonment for a period of ten months, and Defendant C for a fine of 5,00,000.

Reasons

Punishment of the crime

The defendant A is a person who actually operated the PC in the name of "E" from the Da and fourth floor of the Masan-si in the Gun of North Korea.

Defendant

A, around October 24, 2016, concluded a lease agreement with the victim FF Co., Ltd. at the above PC as the leased object No. 145,800,000 won in the market value of KRW 81,000,000 in the name of the wife B, and paid 74,000,000 won in advance, which is 6.35% interest of June 35, 201, and thereafter carried out the PC business after receiving the above PC and installing it in the above PC.

Defendant

A, while keeping the PC, which is a leased object, for the victim under the lease agreement as above, around September 2017, A received the amount equivalent to KRW 45,00,000 from the above PC room and embezzled it at will.

Defendant A and Defendant B are married couple, and Defendant A and Defendant C are friendships.

1. Defendant A and Defendant B’s joint criminal conduct - The fraud Defendants, upon purchasing G apartment H from the owner of the G apartment in the Gunsan-si, conspired with the victim J Co., Ltd. to raise funds for purchase by applying for a lease loan as they actually concluded a lease contract with the false housing lease contract, and the Defendant A instructed the victim bank in his/her name to provide specific method and submit documents necessary for the lease loan to the victim bank in his/her name.

Accordingly, the Defendants visit the victim J-gun, Inc., Ltd. located in K in Gunsan-si around September 6, 2016, and Defendant B, according to the direction of Defendant A, entered into a lease agreement with the lessor, as if he/she entered into the lease agreement with the lessor, he/she would make and submit a false lease agreement regarding the above apartment from around September 20, 2016 to September 19, 2018, and actually use the loan as the deposit for lease.

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