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(영문) 서울남부지방법원 2019.01.23 2018고단1969
횡령등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

1. The Defendant was remitted KRW 138.5 million from the victim C and KRW 67.5 million from the victim D on July 8, 2016, for the name of embezzlement B, from July 201 to July 8, 2016.

On November 2016, the Defendant prepared a partnership agreement to acquire F in the second floor of the Yangcheon-gu Seoul E building and to convert the amount invested by the victims to FF investments in B as it is, and if the contract is terminated or terminated, the victim C would distribute the operating property to the victim according to the investment ratio (Defendant 47%, the victim 53%), and the victim D would return the investment amount as it is.

Nevertheless, around March 2017, the Defendant sold to G the management right of HF, and embezzled KRW 100 million, including KRW 2 million on March 6, 2017, KRW 8 million on March 8, 2017, KRW 3 million on March 9, 2017, KRW 10 million on March 13, 2017, KRW 67 million on March 14, 2017, and KRW 10 million on April 7, 2017, which was transferred to the H bank account (I) in the name of the Defendant for the victims, using the Defendant’s debt reimbursement, etc. at his/her own discretion at around that time.

2. Fraud;

A. A. Around August 2016, the victim D (1) Defendant D (J-related Defendant called “Acheon K-related Defendant may operate a Taekwondo hall if he/she has a public room on the third floor of Busan K-K-based commercial building with a large scale, and if he/she does not have a public room on the third floor, he/she may operate a Taekwondo hall, he/she may operate a Taekwondo hall, and he/she may make an investment of KRW 15 million each, and the proceeds shall be settled to 50:50,000 and the principal of the investment shall be returned.”

However, in fact, the defendant engaged in the business with L and decided to operate the J at the above location, and the money received from the victim was thought to be used for the repayment of debts that are not related to the operation of the Taekwondo Chapter.

Accordingly, the Defendant, by deceiving the victim as above, transferred the sum of KRW 15 million, including KRW 18,00,000,000 from the victim on August 18, 2016 and KRW 5,00,000,000 on August 26, 2016, to the H bank account under the name of the Defendant.

(2) On November 2016, 2016, the Defendant, as described in paragraph (1), took over wooden F, as described in paragraph (1).

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