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(영문) 춘천지방법원 원주지원 2013.08.28 2013고단228
횡령등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

From June 2010, the Defendant had been acting as a person who had operated loan brokerage business under the trade name of E located in D at the prime city from around the prime city, and had C wishing to obtain a loan around July 5, 2012 receive a loan of KRW 14 million from a tugboat savings bank, mountain, loan company, etc.

1. On July 9, 2012, the Defendant received a letter of check of KRW 10 million from the victim and kept the said KRW 14.3 million for the victim, and then arbitrarily consumed the said money in the name of debt repayment, etc. to others around that time, within the title of the Defendant’s sonF account, to the effect that the Defendant would have requested the victim to fully repay the said loan. On July 1, 2012, the Defendant received a letter of check of KRW 10 million from the victim within the title of the Defendant’s furgary bank, and around July 10, 2012, the Defendant received a letter of check of KRW 14.3 million from the victim.

Accordingly, the defendant embezzled the victim's property.

2. On July 6, 2012, the Defendant violated the Act on Registration of Credit Business, etc. and Protection of Financial Users: (a) had C borrow a loan of KRW 14 million; (b) demanded C to pay KRW 1.6 million under the pretext of transportation expenses and stamp taxes; and (c) received a modern card in the name of the female.

The Defendant immediately withdrawn KRW 2 million from the GHF AF Bank's academic Dong branch located in 311-13, NHFF Bank's GHF Bank from the above modern card, and then returned KRW 400,000 to C, and acquired the remainder KRW 1.6 million.

Accordingly, the Defendant received the cost of loan brokerage from C, the opposite party to the loan.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution against C;

1. Each police statement of C;

1. A complaint;

1. Application of Acts and subordinate statutes to each investigation report (information on results of account tracking and submission of reference materials by complainants);

1. Relevant Article of the Criminal Act and Article 355(1) of the Criminal Act regarding criminal facts, the choice of punishment, and the former Act on Registration of Credit Business, etc. and Protection of Finance Users (Amended by Act No. 11544, Dec. 11, 2012).

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