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Defendant
A As to the crime No. 1 in its holding, a fine of five million won shall be sentenced to imprisonment with prison labor for the crime No. 2 in its holding, one year, and the decision No. 3.
Reasons
Punishment of the crime
Defendant
A was sentenced to 8 months of imprisonment for fraud at the Seoul Central District Court on February 10, 2009 and 2 years of suspended execution on November 12, 2009. On June 15, 2012, the above judgment became final and conclusive on June 23, 2012, which was sentenced to 1 year and 2 years of suspended execution.
1. Defendant A’s embezzlement [2013 Height892] paid in KRW 3,125,800 per month to the victim’s filial Capital Co., Ltd. (hereinafter “ffic Capital”) on October 11, 2007. Until full payment of the lease amount is made, Defendant A entered into a contract for leasing a vehicle to a third party with Qben S50 car and kept the said vehicle for the victim on August 27, 2009, under the condition that he/she shall not engage in any act infringing on the victim’s ownership, such as transferring the vehicle to a third party, etc., and that he/she transferred the vehicle to a third party and embezzled it.
2. Defendant A’s fraud [2013 Gohap972] around October 13, 2010, Defendant A made a false statement to Defendant A that “A would pay 200 million won to the victim S within 2 months of the interest of the third part of the month, if he/she lends 200 million won to the victim S. In addition, Defendant A would offer 49% of his/her U-owned stocks as security, i.e., Co., Ltd., Ltd. V., a son, as a son of T&, to pay 200 million won.”
However, the above shares had already been offered to another person as security for KRW 500 million, and the defendant A had no particular property and had no intent or ability to repay the above borrowed amount in time because there are many debts.
Defendant
A, as such, by deceiving the victim, received 200 million won from the victim to the single bank account under the name of the defendant A on the day.
3. Defendant A’s theft [2013 Gohap1390] Defendant A around December 2012 (hereinafter “W”).