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(영문) 울산지방법원 2016.08.09 2015고단1414
횡령등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On February 5, 2014, the Defendant received the victim B through the introduction of the marriage information company, and lived with the victim from August 5, 2014 to August 8, 2014, Ulsan-gu Officetel 101 Dong 810.

1. On June 16, 2014, at the place of business of Samsung-dong, Nam-gu, Ulsan-gu, Samsung-dong, the Defendant refused to return the said vehicle even if the Defendant requested the victim to return the said vehicle from the victim on the ground that the victim was using Samsung 7 car at the market price of KRW 36 million purchased in the name of the victim and kept the victim for the victim.

Accordingly, the defendant embezzled the above car owned by the victim.

2. Fraud;

A. On July 1, 2014, the Defendant paid the victim the amount of KRW 1.5 million at the office of the law firm office of the Nam-gu, Ulsan-gu Office of Law, Ulsan-gu, Seoul-do, to the Defendant who borrowed the money before receiving a favorable judgment in the Jeju-do trial.

“A false representation was made.”

However, the facts are that the Defendant used at the time as a lawyer's fee in a criminal case that was accused of fraud from D at the time, and even if he won in the above criminal case, he could not change it to the victim, he had already been registered as a bad credit holder in five years before, and has been liable for 50 million won at the time, and there was no certain income at the time, so there was no intention or ability to repay the above loan normally.

Accordingly, the defendant deceivings the victim as above and acquired 1,50,000 won from the victim under the above name.

B. On July 24, 2014, the Defendant, at the residence of the above Defendant, intends to repay to the victim the amount of KRW 17 million with the funds deposited in the establishment of the company.

“A false representation was made.”

However, the facts are already listed as bad credit holders in five years before, and the defendant is liable for the amount of 50 million won.

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