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(영문) 인천지방법원 2014.02.14 2013고단3022
횡령등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2013Kadan3022] On June 23, 2012, the Defendant entered into a contract to sell the said company to the victim K at Qu Office located in Jung-gu Incheon Metropolitan City P, and agreed to pay 75 million won of the down payment of the contract amount of KRW 5 million to the contract day, the balance of KRW 75 million until June 29, 2012, and the Defendant was responsible for and arranged the mortgage created in the above Sknife at the time of full payment.

On the same day, the Defendant received down payment of KRW 50,00,000 to the victim and the remainder of KRW 74,50,000,000,000,000 for the payment of the down payment to the victim, and the remaining KRW 32,50,000,000,000,000, is false as follows: “The Defendant would immediately cancel the mortgage of KRW 63,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00,000,00,00)

However, in fact, the Defendant had no intention or ability to cancel the mortgage created in the Switzerland immediately after being provided by the victim, because the Defendant had an economic difficulty, such as paying the principal and interest of the obligation, by selling the vehicle upon being requested to sell the vehicle and paying the principal and interest of the obligation to the customer.

On June 29, 2012, the Defendant was provided by the victim with 42 million won as a title of the balance of Switzerland.

Accordingly, the defendant was given property by deceiving the victim.

[2013Kadan7530] The defendant purchased the freight of the victim S by telephone around 15:00 on July 3, 2013 from the victim S in the amount of KRW 13 million.

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