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(영문) 울산지방법원 2015.08.27 2014고단3984
횡령
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. Around September 26, 2011, the Defendant arranged the Victim B to lend KRW 14.7 million to C at a mutually influent restaurant located in Seongbuk-si, Changwon-si.

On October 2013, the Defendant was transferred to the account in the name of the victim in the name of the obligee who was the obligee and was in custody for the said victim by requesting the above obligor C to deliver KRW 5.46 million under the pretext of partial repayment of the above loan, and was used for personal purposes, such as the Defendant’s personal living cost, head office operation cost, and expenses for personal repayment.

Accordingly, the defendant embezzled the victim's property.

2. On September 27, 201, the Defendant entered into a lease agreement with the said victim under the name of the lessee under the said victim, and paid the lease deposit amount of KRW 20 million from the said landlordF for the said victim’s funds. On December 27, 2013, the Defendant: (a) transferred KRW 20 million to the said Gyeongnam Bank account in the name of returning the deposit money to the victim; and (b) used the said Gyeongnam Bank account in the name of returning the deposit money to the said son; and (c) used it for personal purposes, such as paying the Defendant’s personal expenses and the Defendant’s personal expenses, etc. from the Changwon and Yangsanwon, around that time when the Defendant was kept for the said victim.

Accordingly, the defendant embezzled the victim's property.

3. Around October 6, 2011, the Defendant arranged the said victim to lend KRW 19.6 million to G from the said “E head office” to G.

On October 10, 2011, the Defendant was transferred from the above G, a debtor, to the account of the above Gyeongnam Bank with a request to the effect that the above 19.6 million won should be delivered to the obligee, and the Defendant was in custody for the above victim, and around that time, the Defendant’s personal living cost was in mind at the Changwon and Yangsanwon.

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