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(영문) 대구지방법원 2017.06.22 2016고단6443
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal record] On March 15, 2013, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) at the Dong Branch District Court of Seoul, and the judgment was finalized on August 26, 2013.

[Criminal facts]

1. On June 29, 2010, the Defendant: (a) at the C Association office located in Seongdong-gu Seoul Metropolitan Government Seongdong-gu (Seoul) around June 29, 2010, the Defendant told the victim E to “I will use the funds for operating the Association for a period of two to three months if the Plaintiff borrowed the funds for operating the Association because the amount of funds for operating the Association is delayed from the LG to the Association.”

However, the Defendant could not receive subsidies from LG, and the Defendant embezzled the funds of the foregoing Association at that time and used them for futures investment, thereby causing considerable damage to the Defendant. From May 2010, the Defendant thought that the Defendant would have borrowed money from the damaged party due to the burden of debt, such as bonds, and did not have the intent or ability to repay the money from time to time after using it as the operating fund of the Association.

The defendant deceivings the victim as above and thereby his deceivings the victim, the defendant 50 million won around June 30, 2010, and the same year.

8.9. Around 30 million won, a total of KRW 80 million was remitted to the Defendant’s account in the name of the Defendant.

2. On November 12, 2010, the Defendant, in the name of the C Association, was at the C Association office located in Seongdong-gu Seoul Metropolitan Government Seongdong-gu, and the victim E, “I need to pay money to the president at the Association, and I would change if I lent election expenses.”

“......”

However, at the time, the Defendant embezzled approximately one billion won of the funds of the Association and used them for futures investment, thereby causing damage to KRW 1.2 billion. Since May 2010, the Defendant thought that he/she would have borrowed money from the damaged party as he/she bears obligations, such as bonds, and he/she did not have the intent or ability to repay the money from the Association’s operating funds.

The defendant as above.

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