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(영문) 춘천지방법원 2017.01.12 2016고단709
횡령등
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

The defendant pays 20,500,000 won to the applicant through fraud.

Reasons

Punishment of the crime

[2016 Highest 709] On January 29, 2016, the Defendant was entrusted with all the duties of changing the victim’s convenience store company from the F convenience store to the G convenience store at the E convenience store in the operation of the victim C located in Chuncheon-si, and received the request from the injured party, “the transfer of the bounty deposited from the headquarters of the G convenience store to the agricultural bank account in the name of his/her father-child,” and received the passbook and the seal from the victim’s mother-child under the name of H.

On March 25, 2016, the Defendant kept in custody to transfer KRW 30 million deposited from the head office of the G convenience store to the H Nong Bank account (I) account in the name of the victimized person’s ancillary account, and embezzled the full amount of KRW 30 million on the date of deposit from the said account for the purpose of paying debts at his/her own discretion.

[2016 Highest 752] On March 30, 2016, the Defendant made a false statement to the victim J in front of the Hocheon Doncheon-ro 102, which read “The Defendant paid the installments in the KF Soon vehicle under the name of her mother in his/her joint name and paid the installments to the vehicle into his/her account in his/her own name.”

However, in fact, the defendant received remittance from the damaged person as the name of installment payment and planned to use it as the leased deposit of the defendant, but did not have the intention or ability to pay installment.

The defendant was transferred from the victim to the new bank account in the name of the defendant on the same day as the installment payment of the vehicle.

Accordingly, the defendant was given property by deceiving the victim.

[2016 Highest 1022] On April 2016, the Defendant made a false statement to the her husband of the victim N who conducts the removal business with the trade name “M” L in the name of “M”, “I will pay the full amount of the cost of removal immediately after the removal is completed.”

However, the defendant does not have any particular property or income at the time.

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