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(영문) 의정부지방법원 2019.08.22 2018고단4874
사기등
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

1. On October 28, 2015, the Defendant, as a real estate business entity and a person related to de facto marriage, received 11 lots of land, including 2,159 square meters and 1/5 shares, respectively, from a voluntary auction on October 28, 2015, in the name of a person related to de facto marriage, as a real estate business entity, and completed the registration of transfer of shares, and became jointly owned 18 lots of land by dividing the land.

On October 28, 2015, the victim C’s embezzlement of funds, the victim C and the above D, E, and F obtained the above voluntary auction sale and received the loan of KRW 2.4 billion on October 28, 2015 with the debtor’s name as the victim, and the H Union M&C account (I) opened in the name of the victim with the loan account of KRW 2.4 billion was used for the exclusive account to pay the interest of the loan, public charges, and other various common expenses.

On July 2016, the Defendant, after acquiring a passbook and seal from the victim, entrusted the management of the account with the purpose of using the funds for joint expenses of five co-owners, for the victim.

1) On July 22, 2016, the Defendant embezzled KRW 30,812,983, excluding KRW 30,390,000 from the said H Association account without the consent of the victim, by remitting the loan of KRW 61,202,983 from the said H Association account to the said HJ account for personal purposes at that time, and by consuming it for personal purposes. The Defendant embezzled the same amount by voluntarily consuming the loan of KRW 4,00,000 from the said H Association account without the consent of the victim.

3) On September 23, 2016, the Defendant embezzled the same amount by voluntarily consuming 57,200,000 marina loans from the said H Association account for personal use. 4) On September 19, 2016, the Defendant withdrawn the marina loans of KRW 87,423,750 from the said account to the Korea Rural Community Corporation account, and paid the said amount to the Korea Rural Community Corporation.

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