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(영문) 수원지방법원 2012.11.23 2010고단2623
횡령 등
Text

A defendant shall be punished by imprisonment for not less than five months.

Among the facts charged in the instant case, each private document and each of the facts charged shall be exercised.

Reasons

Punishment of the crime

The defendant worked as the managing director of the Daejeon Jung-gu D Co., Ltd., and worked as the head of Kim Jong-si.

1.(a)

On May 5, 2010, the Defendant, at the Seocho-gu Daejeon Warman Co., Ltd. office, concluded that “If the wife in the Republic of Korea is in the position to undergo a hospitalization operation at a hospital, and 5 million won is lent to the victim F, the Defendant would receive money from other places within 7 to 10 days, so he would have to receive money.”

However, at the time, the Defendant, as a person with bad credit standing, did not pay 60 million won for the debt of the financial institution in arrears, and 10 million won for bonds, and there was no cost for the settlement from D working for the Defendant. Even if the Defendant was paid monthly salary, it was insufficient to cover living expenses and the expenses for the hospital of the wife, and there was little possibility of tinsan development because tinsan was not confined, and the monthly income of the real estate office operated by the Defendant was in arrears on the last day of the month. Therefore, even if the Defendant borrowed money from the victim, there was no intention or ability to repay the money within a short time.

Around May 10, 2010, the Defendant, by deceiving the victim, received five million won from the victim to the new bank account in the G name, and acquired it by defrauded.

B. On June 15, 2010, the Defendant stated that “If the Defendant borrowed money from the Company that he/she had paid the Company’s expenses with money in his/her work as the site manager, he/she would have paid it to the Defendant, including the money that he/she borrowed prior to the amount of the settlement.”

However, there was no intention or ability to repay the money even if the money was borrowed from the victim due to the above reasons.

Around June 16, 2010, the Defendant, by deceiving the victim as such, received five million won from the victim to the above new bank account and acquired it by defrauded.

2. Around June 27, 2010, the Defendant: (a) at the He’s office in the Haak-gu Seoul Special Metropolitan City He; and (b) the Victim I shall be the E warden.

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