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(영문) 대구지방법원 2015.10.29 2015고단650
사기등
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1. The defendant shall be punished by imprisonment for a year and eight months;

2. Provided, That the execution of the above punishment shall be three years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

[2015Kadan650] On May 7, 2014, the Defendant stated that “A victim G who became aware of the fact that the business fund is required due to the purchase and sale contract for the office located in the same Gu F at the E office located in Daegu Northern-gu, Daegu Northern-gu, would lend money to the victim G. who borrowed a bill, and would repay money to the due date.”

However, the Defendant did not have the intent or ability to repay the amount within the due date, even if he borrowed money from the victim because the economic situation of H, which was operated by the Defendant, was difficult to pay the employee’s wages due to the impossibility of paying the employee’s wages.

Nevertheless, the Defendant, as above, was issued an electronic bill with face value equivalent to 50,000,000 won at face value, which is the date of September 30, 2014 by deceiving the victim, and that is, from the victim’s seat.

[2015 Highest 2036]

1. Embezzlement;

A. On November 20, 2013, the Defendant committed the crime against the victim filial Capital Co., Ltd.: (a) concluded a lease agreement with the Defendant’s “H” office operated by the Defendant, which was located in Daegu-gun (MCP-801, MCP-101, MCP-160, and MCP-201) with the deposit amount of KRW 52 million; (b) concluded a lease agreement with the Defendant’s KRW 50,000,000,000,000 from the victim FCP-80, MCP-110,01, MCP-160, and KRW 200,000,000; and (c) concluded the lease agreement with the Defendant at KRW 5,298,141.

From November 26, 2013, while the Defendant kept five above press equipment at the above H “H” plant on behalf of the victim, the Defendant voluntarily sold one press machine at the victim’s own name, from September 2014, 201 to KRW 40 million. From November 26, 2014, the Defendant voluntarily sold 4 press machine (M-80, MCP-110, MCP-1602) to the remainder of press machine owned by the victim.

Accordingly, the defendant embezzled the victim's property.

B. The Defendant committed a crime against the Victim Kitrens Co., Ltd. (hereinafter “Defendant”), Daegu North-gu around November 28, 201.

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