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(영문) 수원지방법원 여주지원 2017.03.29 2016고단1447
횡령등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around February 10, 2016, the Defendant: (a) received a delegation from the victim C to scrap a vehicle to a gallony on the nearby road B at the time of leisure on February 10, 2016; (b) the Defendant scrapped the said vehicle and returned the remaining scrap value to the victim; and (c) the Defendant received an additional amount of KRW 280,00 from the victim to resolve the seizure problem in the course of scrapping the said vehicle around February 14, 2016.

Around that time, the Defendant scrapped the said car and received KRW 4.50,000,00 from the injured party, and thus, the Defendant kept the total of KRW 2.80,000 and KRW 7.350,000,000 from the said injured party for the victim.

In the meantime, the Defendant embezzled the above KRW 730,00 from a daily source around February 2016, using the drinking value at his own discretion, living expenses, etc.

2. On July 25, 2016, the Defendant made a false statement to the victim E by phone calls from G office located in Singju City F to the victim E, and saying, “The Defendant borrowed KRW 500,000,000,000,000,000,000 from the domestic industrial company, and paid off as the money entered.”

However, even if the defendant borrowed KRW 500,00 from the injured party, the defendant did not have the intention or ability to pay it.

As such, the Defendant, by deceiving the victim, was issued KRW 500,00 to the NongHyup Bank account under the name of the Defendant on the same day.

3. The Defendant committed fraud against the victim Hyundai Card Co., Ltd., in a situation where it is impossible to make a credit card in the name of the Defendant as an bad credit holder, with an intent to gather the Defendant’s name H and use the credit card by obtaining the issuance thereof.

At the G office located in F around May 13, 2016, the Defendant called the Victim Hyundai Card Hyundai Card, Inc. (157-6000) Center (157-6000) and called the “name H, address I apartment, 103 Dong 101, J, workplace telephone, workplace telephone, and cell phone.”

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