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(영문) 부산지방법원 2014.03.19 2013고단7357
횡령등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Fraud;

A. A. Around September 2, 2011, the Defendant against the victim C told the victim C to the effect that “If the victim imported and sold fishery products from Russia, it would be repaid with the proceeds of the sale of fishery products if the victim lent money to the victim.”

However, the defendant did not have a certain amount of income at the time, and there was no intention or ability to repay the borrowed amount to the victim because it is difficult to pay customs clearance costs, etc. even if he imports fishery products from Russia, even if he imports fishery products from Russia.

The Defendant, as such, by deceiving the victim, received KRW 1 million from the victim on the same day, from November 15, 2012, and by deceiving the victim in the same manner as the list of crimes in the attached Table, and received KRW 8,280,000 from the victim eight times in total.

B. Around July 31, 2012, the Defendant against the victim E referred to as “a number of money would remain when importing and selling fishery products in Russia, and if the Defendant lent KRW 20 million to Russia, he/she would import and repay fishery products within one month from Russia.”

However, the defendant did not have a certain amount of income at the time, and there was no intention or ability to repay the borrowed amount to the victim because it is difficult to pay customs clearance costs, etc. even if he imports fishery products from Russia, even if he imports fishery products from Russia.

As such, the Defendant, by deceiving the victim, received KRW 7 million from the victim on July 31, 2012, KRW 2 million on or around August 10, 2012, and KRW 17.8 million on or around August 21, 2012.

2. The Defendant, on November 15, 201, embezzled, around 19:00, at the market price of 780,000, the victim C owned by the Defendant from the victim C in a lot located in the Dondong-gu, Busan Metropolitan City.

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