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(영문) 서울중앙지방법원 2013.03.26 2012고단5953
사기
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 15, 2011, at the victim D office located in Gangnam-gu Seoul Metropolitan City C hotel, the Defendant agreed to operate a business with the content that the victim purchased the land and then newly constructs and sell the house on the ground and distribute profits.

Around March 29, 2011, the Defendant, along with the victim on March 29, 201, purchased the land in the commercial area near Seongdong-gu Seoul Metropolitan Government E and F, and then sold it on the ground, and decided to distribute the profits by half, and around March 30, 201, deposited KRW 50 million from the victim to the passbook in the name of Dong G.

At that time, the defendant consumed the above KRW 50 million with the company's operating funds which the defendant had been operated voluntarily at that time.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of witness D;

1. A protocol concerning the suspect examination of the accused;

1. Statement of each police statement of H, I, and D;

1. Application of the details of passbook transactions, certified copy of the register, and receipt statutes;

1. Article 355 (1) of the Criminal Act applicable to the crimes;

1. Scope of sentence under Article 62 (1) of the Criminal Act (such as agreed with the victim): April 1 to April 1 (basic territory);

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