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A defendant shall be punished by imprisonment for not more than ten months.
Of the facts charged in the instant case.
Reasons
Punishment of the crime
From February 14, 2012 to February 14, 2016, the Defendant run a loan brokerage business with the trade name “D” in the Guri-si from February 14, 2016. From February 20, 2013 to October 7, 2015, the Defendant operated “F”, a clothing company, “D” in the Namyang-si E.
1. On February 13, 2014, the Defendant embezzled the auction deposit money: (a) at the victim H’s house located in G, the Defendant said, “A request for the establishment of a collateral security right in the name of K, L, M, and N in the victim’s land at the time when the victim paid interest of KRW 430 million borrowed from I, J, etc. from I, etc., on behalf of the victim; and (b) said, “A request for the establishment of a collateral security right in the name of K, L, M, and N land, which is the victim’s ownership,” and said, the Defendant is the nominal owner of K, L, M, and N land at the time of leaving the victim as the wife of the obligor’s victim’s O.
The right to collateral security was created against the Defendant.
Since then, on October 2014, the Defendant received dividends from the Defendant on the ground that he paid interest to the obligees in the middle of 2014, because of the problem that he paid interest to the obligees, he will receive the dividend by exercising the above right to collateral security. The interest that he paid in advance is settled and return the remainder to the victims.
The phrase “the victim’s consent was obtained, by applying for a voluntary auction on the land K, K, L, M, and N, and received a decision to commence an auction voluntarily from the branch of Suwon District Court on October 20, 2014 (Yanwon District Court Branch Branch P). The Defendant received dividends of KRW 146,602,739 on September 2, 2015 during the said voluntary auction procedure, and then deemed not guilty after receiving dividends of KRW 146,69,919 on September 2, 2015, the amount of dividends of KRW 146,60,000,000, which would be 5,160,000, and KRW 9,632,82,820,000, which was paid to the victim on September 3, 2015 when the Defendant paid the interest of KRW 4 months on behalf of the victim.
During the custody of B for the victim, he/she arbitrarily used it from September 2015 to December 2015 to be embezzled for the personal purpose of the Defendant.
2. Embezzlement the deposit money for repayment.