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(영문) 서울중앙지방법원 2019.08.29 2018고단5461
횡령등
Text

A defendant shall be punished by imprisonment for not more than ten 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

"2018 Highest 5461"

1. On July 10, 2017, the Defendant committed the crime against the victim B: (a) mediated an installment loan agreement concluded between the victim B and C to purchase a Dbenz car; (b) received transfer of KRW 28 million from the victim to the F (G) account in the name of E designated by the Defendant; and (c) embezzled the said money for voluntary consumption due to the Defendant’s living cost and repayment of debt, etc. around that time while keeping the said money for the victim.

2. On July 2017, the Defendant embezzled the said car, at his own discretion, to K in the middle of a coffee shop located in Gangnam-gu Seoul Cheongdong, Seoul, for the sake of the victim, at the water-related leisure place in the operation of the victim H, the Defendant: (a) during the water-related leisure place in the middle of Gyeonggi-gu, Gyeonggi-do; (b) at the victim’s request of the victim to find a person to succeed to the Jidi A6 car lease; and (c) was delivered the said car and kept for the victim; and (d) on August 2017, the Defendant embezzled the said car, at the same time, by setting the deposit amount of KRW 15 million, and KRW 1.5 million, a monthly siren.

"2018 Highest 5752"

1. On January 20, 2017, the Defendant entered into a false statement to the effect that “The Defendant would pay KRW 15 million to the victim M through L, within one month, if he/she lends 15 million to the victim M by telephone,” and that he/she would provide KaN car as security.”

However, in fact, the Defendant had a personal obligation of KRW 30 million at the time, and there was no certain income, so there was no intention or ability to repay the amount even if it was received from the victim.

As above, the Defendant, by deceiving the victim as above, transferred KRW 5 million from the victim to the F account of the E, his father, and acquired KRW 10 million through L three days after he received KRW 3,000 through L.

2. On October 2017, if the Defendant borrowed money to the victim M by telephone on or around October 2017, he/she would pay 5% interest per month.

‘Falsely speaking to the effect that ‘’ was false.

However, the defendant is not guilty.

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