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(영문) 서울남부지방법원 2014.03.05 2013고단1757
횡령등
Text

Defendant

A Imprisonment with prison labor for four years, for six months, for six months, and for four months, for Defendant C, respectively.

except that this shall not apply.

Reasons

Punishment of the crime

Defendant

A was sentenced to four months of imprisonment for a crime of fraud at the Seoul Western District Court on May 9, 2013, and the judgment was finalized on May 17, 2013, and Defendant B was sentenced to one year and six months of imprisonment for a crime of fraud at the Seoul Central District Court on August 9, 2013, and the said judgment was finalized on October 11, 2013.

[2013 Highest 1757] Defendant A leased, around April 10, 2010, at the victim’s “Seoul Songpa-gu Seoul High Village 213-6, and the victim’s “Seoul High Limit Co., Ltd.” office on the first floor of Sungjin Building, Defendant A kept the said car from that time on the condition that the victim’s market price of KRW 10 million is KRW 70,000,000 per month rental fee.

After that, Defendant A did not pay a rental fee for the said car, and Defendant A did not return the said car even upon receiving a request from the victim on October 201, 201.

Accordingly, Defendant A embezzled the victim’s property.

[2013 Highest 1977]

1. On August 5, 2011, Defendant A falsely concluded that “A” office of “Co., Ltd. I” located in the H 3rd floor in Gwanak-gu, Seoul Special Metropolitan City, stating that “The profits would be high if purchased and installed a merchandise coupon, and the profits would be divided when purchased a merchandise coupon, and the profits would be reduced 15 days after the purchase of the merchandise coupon.”

However, the fact that around August 2, 201, when entering into a sales contract with Ara Information Co., Ltd., a company manufacturing merchandise coupon vending machines, paid 30 million won as down payment. However, since there was no way to prepare the said 30 million won, there was no way to supply money from the victim, there was no ability to supply the 15 days after receiving money from the victim.

Defendant

A, as above, deceiving the victim and received 6 million won in cash from the above office on the same day from the victim.

2. In the office described in paragraph (1) of August 9, 2011, Defendant A made a false statement to the victim J that “The purchase of gift certificates and the purchase of gift certificates to the remainder of the sales proceeds.”

However, the facts are money from the victim.

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