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(영문) 대전지방법원 천안지원 2018.11.15 2018고단1666
횡령등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

"2018 Highest 1666"

1. On November 20, 2017, the Defendant, at around 16:00, refused to return the said vehicle from the injured party on several occasions on the grounds of non-payment of sirens from December 4, 2017, on condition that he/she would pay 1,00,000 won for each 20th day of the month from the damaged party to the F store operated by the victim E in Nam-gu, Nam-gu, Nam-gu, Nam-gu, the Defendant: (a) given that he/she would cover 30,000,000 won of the market price of the victim owned by the Defendant; and (b) was in custody of the said vehicle for the victim; (c) on January 20, 2018, he/she received a request from the injured party for return of the said vehicle from Ha on several occasions on the grounds of the non-payment of sirens.

Accordingly, the defendant embezzled the victim's property.

2. Fraud;

A. (1) On November 29, 2017, the Defendant made an investment in the K cafeteria located in the Nam-gu, Nam-gu, Chungcheongnam-gu, Nam-gu, Seoul, to the victim I as the deposit is required to seek an office for the victim I. It is necessary to make an investment in the money.

In the event of import, the payment of 80 to 90% of the remainder of the revenue was made, with the exception of the installment of the vehicle.

However, the fact was that the defendant had no intention to conduct a personal siren project, and was planned to use the money received from the victim for living expenses, etc.

On November 29, 2017, the Defendant: (a) by deceiving the victim; (b) received KRW 1,500,000 from the victim of the damage; and (c) received KRW 910,00 in cash from the victim of the damage at the above K cafeteria; and (d) received KRW 910,00 in cash from the said K cafeteria around December 21, 2017.

(2) On December 1, 2017, the Defendant made a false statement to the effect that, in the case of M precious metal located in Nam-gu L, Nam-gu, Nam-gu, Seoul, the victim would be included in the amount of KRW 1190,000 in the market price as an individual rental business investment fund if he/she purchased gold wastes with a credit card and then would make it possible for the victim to pay KRW 11,190,00 by the credit card.

Accordingly, the defendant, by deceiving the victim, received 2.410,00 won, and acquired financial benefits of 1.190,000 won.

B. Crimes against the victim N. (1)

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