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(영문) 서울남부지방법원 2015.05.15 2015고단732
업무상배임등
Text

A defendant shall be punished by imprisonment for three years.

The defendant 16,200,000 won against C who is an applicant for compensation, and 106,700 won against D who is an applicant for compensation.

Reasons

Punishment of the crime

The Defendant was a person who operated the Gangseo-gu Seoul Metropolitan Government G market “H” store.

around 2014, the Defendant had already borrowed a loan worth of KRW 340 million in personal loans, including financial right debt of KRW 30 million, and there was a situation in which only KRW 10 million was required to pay interest on the loan and KRW 40 million should be included in the loan.

1. On May 1, 2014, the Defendant subscribed to 1.5 accounts in the 24th unit of the successful bid in which: (a) the victim F was a leader in the Gangseo-gu Seoul Metropolitan City G market; and (b) the victim F was a leader from May 1, 2014 to May 1, 2016; and (c) the victim F paid an amount of KRW 1.8 million each month.

On June 30, 2014, the Defendant made a false statement to the victim that “If the Defendant would provide the second time maturity money, the Defendant would pay the remainder of the credit money without the framework.”

However, as above, the Defendant did not have an ability or intent to pay the remainder of the loans in a normal manner, even if he received the time limit money due to the interest on the loans that the Defendant is obligated to pay in one month, and the amount of the loan exceeds KRW 50 million.

The Defendant, by deceiving the victim as such, received the time limit money of KRW 43.2 million from the victim, and did not pay the remainder of the time limit money of KRW 36 million, thereby obtaining pecuniary benefits equivalent to that amount.

In addition, from January 26, 2015, the Defendant made a false statement to the victims 14 times in total, as shown in the attached list of crimes, from that time until January 26, 2015, and acquired the total amount of KRW 230,150,000 from the victims.

2. Forgery of private documents and the display of private documents;

A. On November 13, 2014, when the Defendant was unable to prepare guidance money at the store operated by the above Defendant, the Defendant used a copy of the I’s resident registration certificate which had been previously owned to gather money as a surety.

Accordingly, the Defendant prepared a loan certificate of KRW 40 million on the side of the copy of the I’s resident registration certificate at the above time and place.

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