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(영문) 대전지방법원 천안지원 2014.05.15 2013고단1541
횡령등
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant,

1. Fact, even if the victim borrowed money from the victim, was scheduled to use it as a living cost, and there was no particular income, so that the victim was not able and able to repay it;

A. On March 8, 2010, 2010, the victim C’s office located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, would pay interest together with the interest within 10 days, on the ground that “if the construction cost is insufficient for the present construction, and if the construction cost is lent, the construction is completed, it will be completed immediately, and it will be paid within 10 days,” and it is false from the victim to the agricultural bank account in the name of the defendant.

3. 8.1 million won, 11.3 million won for the same month, 22.1.7 million won for the same month, 25.3 million won for the same month, and the same year.

4.8.6.8.6.30,000 won, in total,26 million won, has been received and fraudulently acquired;

B. On May 3, 2012, around May 3, 2012, the victim made a false statement that “if a mutual savings bank is required and a bank is lent KRW 5 million, it will repay all the existing debts to the victim.” The victim acquired it by forcing the victim to remit KRW 5 million to the account in the name of E designated by the Defendant.

2. On February 16, 2012, at the victim C’s office, he/she arbitrarily used and embezzled around that time while receiving KRW 780,00 from the victim and receiving KRW 780,00 from the victim, under the pretext of asking for the payment of the purchase and sale price of housing to H who operates Ginology located in the Nam-gu, Chungcheongnam-gu, Seoul Special Metropolitan City F.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Statement of the police statement regarding C;

1. Application of a copy of the transaction statement of agricultural cooperatives and a copy of the transfer processing method;

1. Relevant Article 347(1) of the Criminal Act (the point of each fraud at the time of market sale), Article 355(1) of the Criminal Act (the point of each embezzlement at the time of market sale), and the choice of imprisonment with prison labor for each crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. A confession under Article 62(1) of the Criminal Act, the absence of criminal records of the same kind, and the amount of damage is a relatively small amount;

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