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(영문) 인천지방법원 2014.05.14 2013고단5003
횡령등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On July 11, 2013, the Defendant was sentenced by the Suwon District Court to imprisonment with labor for the crime of interference with business, etc. on July 19, 2013, and the said judgment became final and conclusive on July 19, 2013.

On May 2013, the Defendant sold 1,720 saws 1,720 to the Victim F, and embezzled KRW 34,337,00,00 from the “E” located in Jung-gu Incheon Metropolitan City, pursuant to the agreement under which the settlement cycle was made, the Defendant sold 1,658 stuffs and embezzled KRW 19,837,00,00, out of the custody of the proceeds for personal purposes, such as business transportation expenses.

The Defendant, “2013 Godan766” from August 1, 2006 to January 16, 2013, has been engaged in importing and selling fuels with the trade name of “G” corporation, and from January 17, 2013 to “H”.

1. Fraud against victim I;

A. From September 19, 2012, the Defendant was transferred from the victim to the account in the name of the Republic of Korea in the name of the said G to the account in the name of the said G, on the ground that, around September 2012, the Defendant: “Around October 2012, the Defendant wishes to supply KRW 3,000 boxes at the price of KRW 19,00 per box, if he/she intends to obtain from the Republic of Korea to sell the 50,000 boxes at auction in China,” and received KRW 40,000,000 from the victim around September 19, 2012, and around KRW 17,000 from around the 24th of the same month.

However, at the time of fact, the defendant did not have the intent or ability to supply charcoal received by auction to the victim because he did not secure funds to receive by auction due to the situation in which he was in mind the bankruptcy petition with the obligation of KRW 00 million due to business deterioration.

Accordingly, the defendant deceivings the victim as above, and acquired the victim's 57 million won from the victim and acquired it by fraud.

B. On April 6, 2013, the Defendant: (a) around April 2013, the Defendant: (b) around April 6, 2013, imported charcoal from the Defendant leased KRW 16 million to the victim of the K Office listed in the foregoing paragraph (a) in order to import the charcoal at auction in China.

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