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(영문) 대전지방법원 논산지원 2018.12.14 2018고단345
업무상횡령등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. On September 12, 2017, the defrauded concluded that “In contact with the victim B at an influent place, the Defendant would pay 10% of the amount invested as profits if he/she made an investment where he/she sells at a low price any inventory, such as the source and the drilling, at the end of the month when he/she attends the food company.”

However, in fact, the Defendant, while running the business of returning inventory goods as above, incurred a loss equivalent to KRW 300 million on April 2016, and subsequently, borrowed money from a third party to take it out, and changed it again, and made a repayment of so-called obligation for preventing the so-called return of the obligation by again lending money from another third party, and thus, even if receiving an investment money from the injured party, there was no intention or ability to pay the proceeds promised to the victim.

The Defendant received 1,80,000 won from the injured party to C’s union account (D) under the name of the Defendant, and received from January 22, 2018 the total sum of 149,750,000 won through 22 times, as shown in the list of crimes in attached Form 1, from January 22, 2018.

2. From March 30, 2015, the Defendant was in charge of managing goods payment claims against the customer of the victim company while working as the director of the Daejeon E’s Daejeon World Trade Organization, Inc. as the victim’s Daejeon E.

On October 31, 2017, the Defendant: (a) transferred KRW 5 million from G, a business partner of the victim company, to C association account (D) under the name of the Defendant as a collateral for goods-price claim; and (b) arbitrarily consumed the victim company for personal purposes, such as repayment of personal debt, etc. around that time; and (c) thereafter, was the victim company as shown in attached Table 2, from May 4, 2018.

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