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(영문) 창원지방법원 통영지원 2018.07.12 2017고단1551
업무상횡령등
Text

Defendant

A shall be punished by imprisonment for two years.

Defendant

The prosecution against B is dismissed.

Reasons

Punishment of the crime

"2017 Highest 1551" Fraud

1. On May 27, 2009, the Defendant against the victim F made a telephone call from the “H” corporation located in G at a large time, and from the victim F, the Defendant made a lot of profits.

If there is money, there is a difference in lending, and 5 percent interest will be paid every month.

In addition, it was false that money will be returned at any time, if necessary.

However, the defendant had no intention or ability to repay the money even if he borrowed the money from the injured party because he has been liable to pay the amount equivalent to KRW 500 million due to the failure of stock investment.

Nevertheless, the Defendant, as above, received KRW 142,50,000 on May 27, 2009, around KRW 142,500,000, and KRW 272,500,000 on June 23, 2009, respectively, from the victim as above, under the name of the Defendant’s bank account (I) in the name of the victim as a loan from the victim.

2. On February 20, 2012, the Defendant against the victim J is receiving money from the “L” office for the operation of the victim J in Busan High-gu K, Busan High-gu, and the victim is receiving money from the victim.

In a false manner, the National Assembly made a false statement that the National Assembly would lend the National Assembly money to B, and that the National Assembly will pay 3 percent interest per month on the shares of the National Assembly.

However, the defendant had no intention or ability to repay the money even if he borrowed the money from the injured party, as the defendant bears a debt equivalent to one billion won as a failure of stock investment.

Nevertheless, on February 20, 2012, the Defendant paid KRW 20,000,000 to the bank account (I) in the name of the Defendant around February 20, 2012 from the victim’s victim, making a false statement to the victim, and then received KRW 170,00,000 in total seven times from November 26, 2013, as shown in attached Table 1.

3. The criminal defendant against the victim M is guilty on October 2013, 2015, and the victim M is a victim M, from 2-7 years of Y, Yong-nam, Yong-gu, Ma.

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