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(영문) 부산지방법원 2013.05.24 2013고단197
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On April 12, 2013, the Defendant was sentenced to imprisonment with prison labor for six months as a crime of occupational embezzlement with Busan District Court on April 12, 201, and the judgment was finalized on the 20th of the same month.

On April 19, 2010, the Defendant prepared an application for a loan on the condition that at least 490,000 won shall be repaid at the interest rate of “8,50,000 won” at the rate of “43.96% per annum” in the loan transaction agreement of the victim immediately recid Co., Ltd., Ltd., and submitted it to the victim company.

However, at the time of the Defendant’s employment, he embezzled about KRW 68,00,00 as the head of the advertising business team, and embezzled about KRW 68,00,00,00, and took part of the amount of monthly and above loans, etc., and was economically difficult to use the embezzled money and the monthly salary at the time as entertainment expenses and living expenses. Since embezzlement was discovered on May 19, 2010, immediately after the above loan, there was no intention or ability to repay the amount even if the Defendant received the above loan from the victim.

The Defendant prepared an application for loans as above and made a false statement as if the Defendant would normally repay the loans to the victim company, and then received 8,500,000 won from the victim company as a loan, namely, from the victim company.

Summary of Evidence

1. Defendant's legal statement;

1. A complaint;

1. Previous convictions in judgment: Criminal records and investigation reports (date of confirmation of judgment) shall be applied by statutes;

1. Article 347(1) of the Criminal Act, the choice of applicable law and punishment concerning the facts constituting a crime, and the choice of imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. It shall be ruled as ordered for a suspended sentence of not less than Article 62 (1) of the Criminal Act (it shall be taken into consideration all the circumstances, such as the absence of criminal records of the same kind, the amount of fraud is minor, and reflects;

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