(영문) 부산지방법원 동부지원 2012.04.27 2011고단1375

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자간(%)

(영문) 부산지방법원 동부지원 2012.04.27 2011고단1375

사기등

Text

A defendant shall be punished by imprisonment for six months.

Of the facts charged in the instant case, the charge of fraud is acquitted.

Reasons

Punishment of the crime

From October 29, 2008 to March 2009, the Defendant, as the representative director of the Victim C Co., Ltd. (hereinafter “C”) located in Busan Southern-gu B apartment building No. 3 (hereinafter “C”), managed the overall business of C.

Around December 10, 2008, the Defendant leased the real estate owned by C to D with a deposit of KRW 35 million. Around January 30, 2009, the Defendant leased the said real estate to E again and embezzled the said real estate by arbitrarily consuming it as the Defendant’s personal debt repayment, etc. around that time while he was in custody for the victim, while he leased the said real estate to E again.

Summary of Evidence

1. Statement of witness F in the fifth protocol of the trial;

1. A protocol concerning the suspect examination of the accused;

1. Application of the police statement-related Acts and subordinate statutes to F;

1. In regard to the Defendant’s assertion of Articles 356 and 355(1) of the Criminal Act regarding criminal facts, it is argued that the Defendant spent 40 million won as deposit for lease at C’s expense.

However, the Defendant made a statement at an investigative agency to the effect that he would have repaid the money with the corporate acquisition fund, thereby recognizing the fact that he used the amount of KRW 15 million for personal purposes, and also recognized the part of the embezzlement amounting to KRW 15 million in court.

In addition, the defendant's statements on the use of expenditure are not consistent.

[The defendant paid 20 million won in the police with the corporate acquisition fund, and 5 million won in personal loan to G, and 15 million won in the amount of money used as a deposit for receiving a contract for construction work (in investigation records, 67 pages), and in the prosecution, he stated that he paid 12 million won in the amount of payment to G, and 6 million won in the amount of payment to H (120 million won in the amount of payment to G). In addition, there are no objective data, such as financial data in support of the amount claimed by the defendant.

The Defendant appropriated the first-paid expenses with his money as a security deposit.

참조조문

-형법 제355조 제1항

-형법 제356조

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