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(영문) 서울동부지방법원 2013.08.07 2013고단1187
횡령등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Fraud;

A. On July 5, 2008, the Defendant received KRW 50 million, including interest KRW 10 million, from the victim, in addition to the agricultural bank account in Q Q’s name on two occasions on August 5, 2008, on which the Defendant received KRW 50 million from the victim P, even if he/she borrowed money from the victim P that he/she became aware of in the course of corporate merger and acquisition, and then acquired the money by telephone from the victim without intent or ability to repay the money.

B. On September 30, 2009, the Defendant received a request from S to seek payment of only five million won for Tring-con-car as collateral, but the Defendant agreed to borrow 15 million won as collateral to the victim U.S. by borrowing 15 million won as collateral, with the agreement that “If the Defendant borrowed 15 million won as collateral, she will pay all borrowed money within one month after deducting 1.5 million won from the victim’s prior interest and 1.5 million won.” The Defendant received 5 million won from the victim’s prior interest and paid 13.5 million won from the victim, and the Defendant used the remainder 8.5 million won.

As above, the Defendant deceivings the victim, thereby deceiving 8.5 million won from the victim.

2. Embezzlement;

A. On March 25, 2010, the Defendant: (a) entered into a lease agreement with the victim Hyundai Capital Co., Ltd. at the agency of the Songpa-gu Seoul 23 large-dong Building 23 large-scale (hereinafter referred to as the “Seoul Songpa-gu 23 large-scale Building”); (b) received and kept a W B Bluing car in an amount equivalent to KRW 33.4 million at the market price; and (c) subsequently, embezzled it by arbitrarily transferring it to X

B. On March 24, 2010, the Defendant entered into a lease contract with the said victim and received at the office of the victim Aju Capital Co., Ltd. located in Seo-gu Daejeon-dong, Daejeon-dong 292-3.

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