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(영문) 부산지방법원 동부지원 2014.06.18 2014고단750
사기등
Text

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

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

Reasons

Punishment of the crime

From May 22, 2008 to December 15, 2013, the Defendant is a person who served as a supervisor of a handball team belonging to E in Busan Metropolitan Government D2 floor from May 22, 2008 to December 2013.

1. Embezzlements related to victims F;

A. On November 1, 2008, the Defendant: (a) entered the victim, who is the G Handball player, into the E Handball team; and (b) deposited the victim’s down payment amounting to KRW 10 million in the agricultural bank account in the name of the victim, which was previously received from E on January 23, 2009; and (c) stored for the victim, the Defendant made a false statement that “the victim must pay the said money with the interest of personal expenses, etc. to the G Handball team, which is the former team; and (d) consumed the victim for personal use, such as personal expenses, at around that time.

Accordingly, the defendant embezzled the victim's property.

B. On February 3, 2012, the Defendant: (a) received re-contract amounting to KRW 30 million from E to the agricultural cooperative account in the name of the victim, which was received from E in advance from the victim; and (b) paid KRW 10 million to the victim as the re-contract amount; (c) around February 6, 2012, the Defendant transferred KRW 10 million out of the said down payment to the agricultural cooperative account in the name of H used by the Defendant for debt repayment, etc.; and (d) consumed the remainder KRW 10 million for personal use, such as personal expenses, at around that time.

Accordingly, the defendant embezzled the victim's property.

2. Around December 1, 2009, the Defendant: (a) entered the victim, who is the Handball player, as the E-Handball team; (b) deposited the victim’s down payment of KRW 30 million with the agricultural bank account in the name of the victim, which was previously received from the Busan City Sports Association on January 15, 2010; and (c) stored the victim for personal use by remitting KRW 5 million to the bank account in the name of the Defendant’s creditor, the Defendant’s creditor, and consumed the victim for personal use.

Accordingly, the defendant embezzled the victim's property.

3. Victims M.

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