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(영문) 광주지방법원 2014.11.14 2014고합168
특정경제범죄가중처벌등에관한법률위반(횡령)등
Text

A defendant shall be punished by imprisonment for three years.

The defendant shall obtain money from E who is an applicant for compensation, five million won, and the applicant for compensation shall be F.

Reasons

Punishment of the crime

The defendant of "2014 Ma168" was a member of the clan who was in charge of general affairs at D's clans (hereinafter referred to as "ma's clans") and was in charge of managing the property of the victim's clans.

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) embezzled twice from that time by arbitrarily withdrawing clan funds and using them for personal purposes from July 1, 2008 until July 1, 2008, including the Defendant arbitrarily transferred KRW 500 million to the beneficiary certificate account opened and operated by the Defendant to the victim's clan for the victim's clan, around May 22, 2008.

2. On May 13, 2010, the Defendant: (a) sold 1,626 square meters for the Defendant’s business embezzlement to N; (b) transferred the purchase price of KRW 324,720,00 from N to the Gwangju Bank Account (O) opened in the name of the victim’s clan; and (c) arbitrarily withdrawn KRW 16,00,000 for the sake of the victim’s clan from May 25, 2010; and (d) embezzled by using it for personal purposes, such as stock investment, etc. from that time to October 11, 2010; and (b) embezzled the amount of KRW 321,704,290 over 13 times as indicated in attached Table 2 of the List of Crimes.

3. On May 27, 2011, the fraud Defendant called the victim E (year 52) of the said clan to the victim E (year 52) of the said clan on May 27, 2011, and made a false statement that “if the father loans money to the Seoul Hospital, he/she needs to perform an operation at the hospital suffering from cancer, he/she will pay it.”

However, the defendant did not have any intention or ability to repay money because he had attempted to acquire money by ice despite the fact that his wife had not been suffering from a disease.

Nevertheless, the defendant deceivings the victim as above and belongs to it.

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