beta
(영문) 인천지방법원 2017.08.23 2017고단3100

횡령

Text

Defendant shall be punished by a fine of nine million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From January 2016 to February 2016, the Defendant opened a mobile phone with the victim C and recommended the victim to use it as a university enrollment fee by receiving a loan.

1. On January 30, 2016, the Defendant stated that the victim should have a cell phone in his/her own name to obtain a loan from the victim, and the victim has only one cell phone 6S cell phone fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor fluor flu

In other words, after receiving the above mobile phone from the injured party, on February 2016, when selling the above 4 mobile phone to the above 1.6 million won, and receiving 1.6 million won from the above 1.6 million won and then being kept in custody for the injured party, the above 4 mobile phone was embezzled by consuming it for personal purposes such as living expenses.

2. On February 2, 2016, the Defendant recommended the victim to obtain a loan under the name of the registration fee, and the victim would return money when he/she borrowed 4.5 million won from the Hansung Savings Bank around February 2, 2016, and he/she later paid the registration fee to the victim.

In other words, while the above money was received and kept for the victim, it was embezzled for personal use such as living expenses around that time.

3. When the Defendant used the money that he received from the injured party as above, the Defendant paid to the injured party the money that he received with new loans because there is interest less than the first one that he received from the injured party on February 2016.

On February 15, 2016, the victim solicited and borrowed 5 million won from a savings bank to obtain a loan from the bank, and the victim paid the loan first and subsequently paid the loan to the victim, and was in custody for the victim by receiving the above money, and then embezzled for personal use, such as living expenses, etc. around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. C.