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(영문) 춘천지방법원 영월지원 2016.12.13 2016고단458
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On January 23, 2015, the Defendant was sentenced to three years of imprisonment with prison labor by the Suwon District Court for occupational embezzlement, etc., and the said judgment became final and conclusive on August 25, 2015.

Criminal facts

On January 2013, the Defendant made a false statement to the victim C, stating that “The Defendant would pay the money to the victim C, including interest, for six months after the loan of the money. If the Defendant borrowed 140 million won to the attorney-at-law, he/she would have to pay the interest at KRW 192 million after six months, and if he/she borrowed her money, he/she would have to pay the interest at KRW 192 million, and he/she would have to sell the officetel in lots within six months.” The Defendant made a false statement to the effect that “I will prepare and make a sales contract for office debentures two after six months as security for the above borrowed money.”

However, the Defendant embezzled KRW 770 million while he/she was in custody of the money owned by the clients as an attorney-at-law and instructed the clients to pay for embezzlement damages from November 201 to February 2013, 2013. At the time, the Defendant had been liable for the debt to the financial institutions at the time, and the Defendant stated that the ownership of the land and the newly built building due to the default of the construction works and the ownership of the land for the office-sale project referred to by the Defendant was stated in the written indictment for the transfer of the company, but it is deemed that the error is a clerical error.

(hereinafter the same shall apply)

In addition, in a lawsuit related to the change of the owner's name on December 6, 2012, it was anticipated that the name of the owner of the officetel will be changed even in the case of the change of the owner's name. Therefore, it was virtually impossible for the victim to provide the two debentures of officetels as security within six months, and even if the money was borrowed from the victim, such as there was no special property held by the defendant in the name of the owner, there was no ability to repay the money.

The defendant deceivings the victim and is under his control.

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