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(영문) 대구지방법원 경주지원 2018.02.21 2017고단688
횡령등
Text

A defendant shall be punished by imprisonment for three years.

Of the facts charged in the instant case, embezzlement against the victim B and victim C.

Reasons

Punishment of the crime

[criminal history] On September 14, 2017, the Defendant was sentenced to imprisonment for 8 months with labor for a violation of the Road Traffic Act (unlicensed Driving) in the Daegu District Court and the suspension of the execution for 2 months, and is currently pending in the final appeal trial.

[2] From February 2014 to October 2015, the Defendant: (a) had been working as the representative director of F from February 2014 to October 2015; (b) had been working as the representative director of G from January 2015, and (c) had been working as the representative director of G from January 2015 to (c) had been working as the management of the company’s funds, etc. while operating matop and aggregate extraction business (hereinafter “instant project”); and (d) had been working as the representative director of G from March 2014 to July 2015; and (e) had been working as the representative director of G from January 2015 to (c) had been working as the representative director of G from January 1, 2015 to 200 (hereinafter “H from March 20, 2015; and (e) had transferred the name of G to 300 (hereinafter “H”).

1. On February 20, 2014, the Defendant recommended that “A victim C, who became aware of influencies and J around the Gyeong-si, on the following occasions: (a) obtained permission to extract aggregate in K farmland, will make profits of KRW 6 billion by removing L forest land and sand from K farmland; (b) if the party makes an investment of KRW 300 million, KRW 3 billion shall be paid at KRW 50 billion out of the profits; and (c) around March 5, 2014, the Defendant received KRW 100 million from the injured party to the M account in H’s name and kept for the victim, while he/she transferred KRW 29 million to N on March 5, 2014, he/she took custody of KRW 29 million for the Defendant’s personal debt from around July 1, 2014 to around July 23, 2012, as set forth in [Attachment Table 1 to 200 million for the purpose of consumption, etc. of his/her personal debt.

Accordingly, the defendant embezzled the victim's property.

2. The Defendant, on October 26, 2015, committed fraud, to the victim C, with “an investment in repayment of personal debt and B” at the influence of the racing and a lower time.

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