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(영문) 청주지방법원 2015.08.28 2013고단1523
횡령등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that 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

1. The Defendant loaned KRW 15 million to G, which is the actual operator of the pertinent company, at the F Office in Asan City, on January 2012, 2012, and kept for the victim the H treatment 25 tons truck (vehicle value of KRW 134,194,545) owned by the victim as a collateral. However, on July 2012, the Defendant requested G to return the said truck at his/her discretion, but refused to return it.

Accordingly, the Defendant embezzled the above truck owned by the victim.

2. Fraud (2013No. 1557) stated, around June 29, 2007, that “The Defendant would immediately collect the scrap iron at the seat of the victim L Co., Ltd.” to M, the chief of the K juk, located in the Justice Department of the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and the victim L Co., Ltd.”

However, the defendant did not have an intention or ability to supply scrap metal as promised even if he receives down payment from the victim company.

Nevertheless, the Defendant, as such, by deceiving the victim company, received KRW 20 million from the victim company to the Agricultural Cooperative Account in the name of N on the same day, and received KRW 83 million in total from September 10, 2007 to September 10, 2007, from the victim company as indicated in the attached list of crimes, and received money from the victim company as the sum of KRW 83 million in the name of scrap metal delivery deposit, loan deposit, etc.

Accordingly, the defendant was given property by deceiving the victim.

3. Around November 20, 2008, the Defendant violated the Punishment of Tax Evaders Act (2013No. 1557) (hereinafter “the Punishment of Tax Evaders Act”) prepared a false sales tax invoice as if he supplied goods or services equivalent to KRW 20 million in value, even though he did not supply goods or services to Q Company, and issued it to R to the representative of the Q Company.

Summary of Evidence

[2013 Highest 1523]

1. Partial statement of the defendant;

1. Legal statement of witness S;

1. Partial statement of witness G;

1. Prosecutions against the Defendant.

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