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(영문) 대전지방법원 2021.02.25 2018고단3442
횡령
Text

Defendant

A In the year of imprisonment of one year, the imprisonment of one year and six months with respect to the crime of embezzlement in the judgment of Defendant B and the crime of fraud against C.

Reasons

Criminal facts

[criminal record] On December 19, 2013, Defendant B was sentenced to four months of imprisonment for a crime of violating the Punishment of Tax Evaders Act at the Daejeon District Court on June 11, 2014, and the execution of the sentence was terminated on September 16, 2015. On September 29, 2015, the Daejeon District Court sentenced the imprisonment for eight months for fraud, and the judgment became final and conclusive on January 29, 2016, and completed the execution of the sentence on May 7, 2016.

I. On October 24, 2014, Defendant B would be able to receive reimbursement of KRW 40 million against Party B’s claim against Party B in the mutual infinite restaurant near the Seo-gu Daejeon, Daejeon on October 24, 2014.

Since introducing a person who can lend the name of the business operator, we will deal in the name of the business operator in the name of the business operator, and we will look at the value of the value added tax incurred in the future until it reaches the amount of KRW 40 million, which is the amount of H's debt.

After the words "the defendant A and I" were introduced to the defendant A and I.

Defendant

On October 28, 2014, A, Defendant B, and I opened a business registration certificate under the name of I and a J bank account under the name of I so that the victim may engage in the business in the name of I in the mutual in an infinite coffee shop near the above “F.”

[Inasmuch as Defendant A, Defendant B, and I had experienced economic difficulties on November 2014, they arbitrarily withdrawn and used money deposited in the said account with the knowledge that the victim deposited money in the said account by using the said account in the “L” coffee shop located in Seogu-gu, Daegu-gu, Daegu-gu.

Defendant

A, Defendant B, and I confirmed that they deposited KRW 109,671,686 with the said account from November 20, 2014 to November 24, 2014, and they kept the said amount on behalf of the victim. On November 24, 2014, J Bank in Jung-gu, Daejeon transferred the said amount to I’s N Bank account at the point of action and then withdrawn KRW 109,617,686 at the point of N Bank located in Jung-gu and DongO on the same day.

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