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(영문) 대구지방법원 2015.11.20 2015고단3535
횡령등
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

On August 24, 2011, the Defendant sentenced the Daegu District Court to three years of imprisonment for fraud, etc., and completed the execution of the sentence on April 29, 2014.

On December 14, 2014, the Defendant was requested to receive KRW 22 million from the victim’s “F” while transporting goods from the victim’s “F” at the E office operated by the victim D, who was located in Gyeong-gun, from around 14, 2014.

On December 15, 2014, the Defendant received goods price of KRW 22 million for the victim from the ‘F' office located in the Man-gun G in the Jeonnam-gun on behalf of December 15, 2014, and embezzled at around that time by using the money for gambling at a casino in Gangwon-do.

Around January 20, 2015, the Defendant stated that “Around January 20, 2015, the victim J is the representative operating a domestic import car siren, and that BM x6M vehicle will be sirened for a period of one year and six months, a week.”

However, the defendant did not engage in a vehicle siren business, and even if he received the rental fee from the victim, he did not have the intention or ability to give a siren.

Nevertheless, as above, the Defendant, by deceiving the victim as above, obtained a total of five million won from January 21, 2015 to March 26, 2015 from the victim and acquired it by deception.

On March 2015, 2015, the Defendant made a false statement to the victim K by phoneing the victim K at the Seocho-gu Gyeongwon on March 2015, 2015, stating that “The Defendant is running a siren business with a domestic share, and 500,000 won was released under an individual’s name on the face of a week, bents S500 automobiles released under the individual’s name.”

However, there was no fact that the Defendant operated a vehicle siren business, and even if he did not receive the siren fee from the victim due to the lack of the benz S500 car shipped out under the personal name, he did not have the intention or ability to use the vehicle.

The defendant deceivings the victim as above and is deceiving him.

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