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(영문) 서울중앙지방법원 2019.01.24 2018고단3086

횡령

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 2015, the Defendant: (a) received a proposal from the victim B to “D private house located in Pyeongtaek-si C, but the Corporation borrowed funds due to the shortage of funds;” (b) provided an officetel owned by the Defendant as collateral in order to receive funds in lieu of directly investing funds; and (c) provided a legal entity with the victim and divided the shares of the above private house and the operating profits.

After that, on August 24, 2015, the Defendant offered that “if the Defendant lends KRW 100 million to be used in D private letter or construction, 300,000 won shall be paid monthly, and if it is impossible to repay KRW 100,000,000 to D private letter or construction, she will be given the right to operate the Syna cafeteria.” In this case, the Defendant provided the Defendant’s Gtel to F as security, and the victim and F deposit KRW 100,000,000 to the account in the name of the victim and F with “I will deliver it to B immediately.” On August 24, 2015, the Defendant received money from F to the account on August 26, 2015, respectively.

While the Defendant kept the above KRW 100 million for the victim, on August 25, 2015, the Defendant repaid KRW 20 million to the Defendant’s personal debt to H, and on August 27, 2015, the Defendant paid KRW 60 million for personal purchase funds (a contract deposit amount of KRW 50 million, KRW 10 million, KRW 10 million, and KRW 27 million) operated by the Defendant for personal purpose. The Defendant used the entire amount for personal purpose, such as repayment of approximately KRW 27 million for the obligation of the head of the Tong in his name.

Accordingly, the Defendant arbitrarily used KRW 100 million, which was kept in custody for the victim, and embezzled it.

Summary of Evidence

1. Part of the defendant;