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(영문) 수원지방법원 2013.09.12 2012고단6240
횡령등
Text

A defendant shall be punished by imprisonment for two years.

Of the facts charged in the instant case, the fraud of F and the statement of expenditure are as follows.

Reasons

Punishment of the crime

"2012 Highest 6240"

1. Fraud;

A. On November 2010, the Defendant committed a crime in the middle of 2010, the Defendant stated that “The Defendant is an expert in the acquisition and operation of Haart” and “I are currently going to take over Haart 15 at present, and now, I are working in the Hart acquisition. There is a acquisition fund of an amount equivalent to 2 billion won at present. There is a loan of 10% of the money, and the money is 3.5 million won per month, and if it is extremely high to assist the work well, 3.5 million won per month at the monthly salary, and 5.6 billion won per month at the end of 3.4 months thereafter.”

However, at that time, the Defendant was only operating Mat in Gangnam-gu J, and there was no capacity to take over Hamat in the water, and therefore, there was no capacity to take over Hamat. At that time, the Defendant had contacted with Hamat-related parties at that time, but did not have obtained approval from the Hmat head office for Mmat acquisition.

On November 15, 201, the Defendant, by deceiving the victim as such, received 60 million won from the victim under the name of the Defendant’s wife as the borrowed money.

B. On November 18, 2010, around November 18, 2010, the Defendant leased an office located in the Gangnam-gu Seoul Metropolitan Government N2 floor to operate a used car export business with the victim G M, but became aware of the circumstances in which the said business was omitted, the Defendant found the office in the above office and provided that “A corporation is also required to establish an office to take over HEart.” The Defendant said that “A corporation is also required to take over HEart.” On the part of this office, the Defendant said that the Defendant will bear all of the office costs of KRW 2,525,00,00 and KRW 3 million, and public charges.”

However, even if the defendant was permitted to use the above office by the victim, the defendant did not have the intention or ability to pay monthly rent or house costs.

As such, the Defendant, by deceiving the victim and using the said office for four months, used the said office, and up to March 201, total of KRW 13,100,000.

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