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(영문) 인천지방법원 부천지원 2014.04.24 2013고단2373
횡령등
Text

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

Of the facts charged in the instant case, on April 4, 201, the embezzlement point and victim F.

Reasons

Punishment of the crime

The Defendant planned to purchase six parcels of land in G, H, I, J, K, and L in Kimpo-si owned by the victim F and to engage in profit-making business to develop and sell it to others.

On October 22, 2009, the Defendant entered into a contract with the victim F to purchase each of the above land at the NNA's office located in Kimpo-si, Kimpo-si, Kimpo-si, and agreed to pay the remainder of KRW 2.55 billion on the date of the contract and the remainder of KRW 2.55 billion by December 30, 2009.

However, when the Defendant was unable to pay the balance to the victim, the Defendant made a false statement to the Defendant on February 2010, stating that “If the Defendant created a right to collateral security on part of each of the above land, he/she would obtain a loan from the NAF and pay the entire balance of the loan.”

In fact, the Defendant did not have any funds necessary for the development of each of the above land, and even if each of the above land was loaned as collateral, some of the loans were intended to use them as development costs for each of the above land, and thus did not have the intention or ability to pay the full amount of the loans

Around February 12, 2010, the Defendant, by deceiving the victim as above, had the victim establish a right to collateral security of four parcels of land I, J, K, and L from each of the above land in the name of Kimpoup, Kimpo-chul, and had the victim establish a right to collateral security of KRW 2,73,00,000,000 for the maximum debt amount of KRW 1,950,000,000 from Kimpo-up, and paid only KRW 1,80,000 among them to the victim, and used only KRW 1,50,000,000 for personal purposes.

In this respect, the Defendant acquired pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness F or P testimony;

1. Each prosecutor's office or police interrogation protocol of the defendant, P, or police interrogation protocol (including F substitute part);

1. Each prosecutor's office and police statement concerning F;

1. A complaint, a real estate sales contract, and a sales contract;

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