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(영문) 인천지방법원 2019.05.16 2018고단7815
사기등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

On July 2017, the Defendant entered into a partnership agreement with the victim D in Yeongdeungpo-gu Seoul Metropolitan Government Btel C, stating that “The Defendant is in charge of business, such as paying and collecting loans, and the victim is provided, and the profits are divided at the rate of 60% of the victim and 40% of the Defendant’s 40% of the profits.”

1. Embezzlement;

A. A. Around September 7, 2017, the Defendant provided 10 million won of the loan funds received from the victim in an irregular area Seoul (hereinafter referred to as Seoul) as security around September 7, 2017, to the customer, and then embezzled 2 million won of the principal and interest of loan that the customer recovered from the vehicle and returned, with the victim’s settlement or with the consent of the victim, even though he/she used it with the victim’s settlement or use it with the victim’s use.

B. On December 7, 2017, around December 7, 2017, the Defendant embezzled 4.5 million won with the victim’s loan funds, but did not contact with the customer, on the ground that the Defendant did not use the aforementioned 4.5 million won after settling accounts with the victim or obtaining the consent of the victim, even though he/she used the above 4.5 million won with the victim, he/she used it personally at the Seoul Central District Court around that time.

C. Around January 13, 2018, the Defendant committed the crime: (a) around January 13, 2018, at the store Seoul (hereinafter referred to as Seoul) around January 13, 2018, the Defendant embezzled KRW 7 million with the victim’s loan funds; (b) but (c) the customer did not provide the said vehicle as security and did not provide the loan; and (d) accordingly, (c) even though settling accounts with the victim or obtaining the consent of the victim, the Defendant embezzled the said KRW 7 million with the victim’s personal use

2. Fraud;

A. A. Around November 7, 2017, the Defendant committed the crime, “Around November 7, 2017, the Defendant sent KRW 8,500,00 to the victim, who was provided with two Ecub vehicles and two string vehicles as collateral, and kept in the F parking lot in the F parking lot in E, in a Buddhist area of not more than Seoul.”

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