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(영문) 창원지방법원 마산지원 2018.05.15 2018고단338
횡령등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

1. On January 1, 2017, the Defendant: (a) practically operated the “D” in Sungwon-gu, Sungwon-si; and (b) concluded a contract with the Korean Veterans Association of the Republic of Korea (hereinafter “victim”); and (c) entrusted the sale of the “sports soil”, which is the sports promotion voting right holder, to the damaged party; and (d) agreed that the “D” shall transfer the sales price of the “sports soil” to the damaged party; and (e) instead, receive a certain percentage of the sales price of the “sports soil” from the damaged party as sales commission.

From April 2017 to July 2017, the Defendant embezzled the sales price of the “sports soil” or “sports soil” in an amount equivalent to KRW 16,627,369, which is owned by the victim by means of selling the “sports soil” to the customer while selling the “sports soil” to the customer, or selling the proceeds of the sale to the Defendant without paying the proceeds of the sale, by treating the “sports soil” as selling the “sports soil.”

2. Fraud;

A. A. On March 5, 2017, the Defendant made a false statement to the victim “G” in the “G’s “G” shop located in Seongbuk-gu, Sungwon-gu, Sungwon-si, which was operated by the injured party, that “The father’s cancer re-hospitalizes the patient room in Busan National University Hospital because of the recurrence of father’s cancer,” the Defendant would drive away from the hospital without paying KRW 12 million and KRW 3 million additional hospital expenses.”

However, even if the Defendant borrowed money from the injured party, the Defendant used it to cover the sales price of the “sports soil” embezzled by the Defendant, such as Paragraph 1, or was planned to use it with the illegal “sports soil” gambling funds, and did not intend to use it as the hospital expenses of his father. At the time, the Defendant was unable to use it for the “sports soil” gambling.

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