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(영문) 수원지방법원 2015.08.26 2015고단1537
사기등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date of the final judgment.

Reasons

Punishment of the crime

1. Around May 15, 2012, the Defendant established, as the representative director, E, a victim corporation, who is the victim of Sungnam-si, Sungnam-si, Sungnam-si, Seoul, and 624, and took overall charge of the business affairs of the said company.

On May 21, 2012, the Defendant transferred 40 million won to the Defendant’s account while having been in custody of the company’s funds for the said company on behalf of the said company, and consumed it for personal use in mind at the Defendant’s account, as well as on July 27, 2012; and on March 19, 2013, remitted 1 million won to the Defendant’s account and consumed it for personal use.

Accordingly, the defendant embezzled the victim's property.

2. From September 2013, the Defendant had the victim G (age 37) (age 37) who came to know through F, a friendship group, provided management consulting.

On September 2013, the Defendant made a false statement to the effect that “The Defendant would return money until February 28, 2014, while keeping the money in custody, because the management consulting would fall short of the liability,” to the victim at the end of 2013.

However, at that time, the Defendant did not have a certain amount of income, and not only did he did not have property but also did amount to KRW 150,000,000,000 for personal debt, and KRW 250,000,000 for personal debt. Thus, even if he received the said money, he did not have the intent or ability to return it until the end of February 201

The Defendant was transferred from the victim as a deposit money to the Defendant’s Japanese bank account on October 2, 2013; KRW 20 million on October 23, 2013; and KRW 26 million on November 26, 2013.

In this way, the defendant was given property by deceiving the victim.

Summary of Evidence

1. The defendant's legal statement (the investigation records of No. 2015 type No. 5965));

1. A protocol concerning the examination of the accused by the prosecution (including H part of the statement);

1. Statement of the police statement related H;

1. Details of transactions by account and confirmation of facts (G) (Investigation records of No. 2015-type 4777);

1. Part of the prosecutor's protocol of interrogation of the accused.

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