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(영문) 청주지방법원 2012.02.16 2011고단752
업무상횡령 등
Text

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

Reasons

Punishment of the crime

1. Fraud;

A. On March 4, 2008, the Defendant committed the crime against the victim B, the Defendant made a false statement to the victim that “The victim would be able to do so by linking the static cocoon with the Maart if he wanting to do so, because Datcocoon in the Heung-gu Heungdong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, would be well aware of funeral, and no problem arises. To do so, the Defendant would be able to do so at least two million won out of three million won of the introduction cost, including drinking, to the Maart Co., Ltd.”

However, in fact, since the above Macco did not receive KRW 50 million from the owner of Macco, there was a high risk of damage, the victim was unable to move in. Even if the defendant was paid KRW 2 million in advance among the placement expenses, he was thought to use it as living expenses, and such introduction expenses were returned in cases where the saleroom occupants were not recovered, but the defendant did not have the intent or ability to return them.

The Defendant, as such, by deceiving the victim, received KRW 2 million from the victim under the pretext of introducing the same day.

B. Around April 1, 2008, the Defendant committed the crime against the victim E made a false statement to the victim in front of the post office that is located in the Chang-gu Seoul Special Metropolitan City, Chungcheongnam-gu, Chungcheongnam-gu, stating, “I will pay the victim interest at KRW 300,000,000,000,000,000,000,000,000 won.”

However, there was no intention or ability to repay the money even if the money was borrowed from the victim.

The Defendant, as such, by deceiving the victim, received five million won from the victim as the borrowed money on the same day.

2. From September 22, 2009, the Defendant has been engaged in the business of occupational embezzlement as an employee of Hmaart operated by the injured party G from Sep. 22, 2009, while serving as an employee of Hmaart operated by the injured party G in Busan City.

On January 26, 2010, the Defendant is located in I in Daegu Northern-gu.

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