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(영문) 춘천지방법원 강릉지원 2017.09.26 2017고단146
횡령등
Text

A person shall be punished by imprisonment with prison labor for not less than six months and for not more than six months for a crime of 1 or 2 years in the judgment of the defendant.

Reasons

Punishment of the crime

On November 12, 2015, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Gangnam Branch Branch of the Chuncheon District Court on June 2015, and the judgment became final and conclusive on November 20, 2015.

[2017 Highest 146]

1. On July 4, 2015, the Defendant: (a) on July 4, 2015, the victim E (hereinafter “D”) operating the “D” under subparagraph 103 of the C Building No. 103; (b) and the Defendant leased and used one of the steel-frame 7,400,000 won owned by the victim; (c) paid 88,000 won a daily fee and returned it to the original condition; and (d) on the part of the victim, the Defendant embezzled the said machinery by denying the return without justifiable grounds, despite having received a claim from the injured person for the return of the said machinery on the grounds of overdue payment of rent from the injured person on July 11, 2015; and (c) on the part of the victim, he/she embezzled the two of the said machinery without justifiable grounds.

[2017 Highest 564]

2. The Defendant, on November 17, 2015, purchased and owned pine trees of the G and H forests in the U.S. G and H forests within the U.S. located on the projected side of the U.S., Ulsan-gun, G in the U.S., U.S., and owned them from the State.

In order to pay money, the above forest tree will be sold.

“The purpose of “ was to make a false representation.”

However, the defendant prepared only I and I and I who are the owners of the above forest on the same day, but did not pay the down payment, and the above pine trees were not owned by the defendant, and the defendant did not pay 13 million won to I at the time, and it was thought that I would use the purchase price received from the damaged person for other purposes due to lack of living expenses, expenses, etc.

The defendant deceivings the victim as above and acquired 2,50,000 won from the victim as the down payment on the same day.

[2017 Highest 907]

3. On May 9, 2015, the Defendant purchased approximately 30 pine trees from K, the owner of the relevant pine trees, around 30, c.m.

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