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(영문) 인천지방법원 2013.11.13 2013고단1055
횡령등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

【Criminal Power】 On March 6, 2008, the Defendant was sentenced to six months of imprisonment for fraud in the Goyang Branch of the Jung-gu District Court on March 6, 2008, and completed the execution of the sentence in the medical prison on September 5, 2008.

【Criminal Facts】

1. Around November 2009, the Defendant concluded a false statement to the victim C that “if golf membership is purchased in winter and sold in spring, he/she may obtain profit from the market price. When he/she borrowed money, he/she shall return the proceeds plus 30-40% of the earnings around March 2010.”

However, in fact, the defendant did not purchase golf membership, used the money received from the victim for the repayment of personal debts and the purchase of external vehicles, and even if he borrowed money from the victim due to bad credit standing at the time, he did not have the intention or ability to repay the principal and profits to the victim by investing it in golf membership.

As above, the Defendant, by deceiving the victim as above, received KRW 40 million from the victim, around November 17, 2009, and by deceiving the victim as shown in the attached list of crimes, and received delivery of KRW 222,50 million in total from around that time to March 9, 201.

2. The Defendant: (a) received a request from the victim C to request the victim C to handle the procedures for studying in New Zealand from the victim C; (b) received approximately KRW 30,00 from the victim for studying in the Republic of Korea through a student studying in the Republic of Korea; (c) provided the victim with the funds for studying in the Republic of Korea; (d) however, D was unable to adapt to studying in the Republic of Korea and returned to Korea for 15 days.

On November 30, 2010, the Defendant received KRW 24,239,012 from the UAF as the Defendant’s agricultural bank account, and kept it for the victim, and then embezzled by arbitrarily consuming it under the pretext of external payment, living expenses, etc. at the Incheon, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement regarding C;

1. A previous conviction in judgment:

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