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(영문) 서울중앙지방법원 2016.03.31 2015고단6306

횡령

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Majority Relationship] On October 30, 2008, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Seoul Central District Court, which became final and conclusive on February 25, 2009.

[2] Around October 2008, the Defendant introduced gold ing and right business from C, which was known to the victim D (E, “E,” in the indictment, is a clerical error) that was close to the time, and was recommended to make an investment to the effect that C and C can purchase two gold ings per unit upon investing KRW 100,000 per unit, and if the gold ing unit can purchase a large volume of gold by using the gold ing unit, it may gain a benefit of KRW 1 billion within 10,000,000 per unit.

Around that time, the defendant was tried in a criminal case, and there was a need for funds for the repayment of damage, and the defendant managed the victim's money on behalf of the victim who would not receive large amount of money to friendly C, while managing the victim's money. However, if there was any benefit, the defendant would receive part of the money in installments.

On October 14, 2008, at the victim's office located in Seocho-gu Seoul Metropolitan Government, around 16:00, the Defendant received a passbook and seal deposited in KRW 100 million from the victim's office in Seocho-gu, Seoul, as a fund for purchasing gold, and kept it for the victim. However, the Defendant issued KRW 50 million to the gold dealer through C in the name of the purchase price for one gold leader, but did not secure the real amount of gold, and accordingly, the Defendant used the remaining funds that were not used to return to the victim, and embezzled the amount of KRW 10 million from around October 29, 2008 by using the above funds to pay for damage in relation to the above criminal case trial by the Defendant and related thereto. < Amended by Act No. 8857, Oct. 29, 2008>

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor and police of the defendant.