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대전지방법원 2018.08.09 2017고단4620

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 March 20, 2015, the Defendant lent the Defendant’s Internet gambling site ID to the victim at the request of the Defendant C, and the victim deposited KRW 25 million with the account of the gambling site operator to conduct the Internet gambling, but again made a request for withdrawal to the Defendant’s agricultural bank account (D) on March 23, 2015, the Defendant returned KRW 25 million to the Defendant’s agricultural bank account. The Defendant kept the same for the victim.

On March 23, 2015, the Defendant arbitrarily withdrawn the amount of money owned by the victim to the account in the name of the Defendant, and used it as online gambling money by using the amount of KRW 10 million,00,000,000,000,000,000,000 for the money owned by the victim to the account in the name of the Defendant, at around 02:59 on March 23, 2015, at around 02:39, the Defendant arbitrarily withdrawn the amount of money owned by the victim and used it as online gambling money, and around 04:04 on the same day, arbitrarily withdrawn the amount of money owned by the victim and used it as KRW 10,00,000,000,000 for money deposited in the said account.

Accordingly, while the defendant kept money owned by the victim C, he arbitrarily consumed the amount of KRW 13 million and embezzled.

Summary of Evidence

1. Statement made by C by the witness in the second public trial protocol;

1. Statement of each C in the prosecutor's office and the police interrogation protocol concerning the accused;

1. Part of the statement made by the police in relation to C; and

1. Partial descriptions of the complaint;

2. Determination as to the defendant's assertion of each investigation report

1. The gist of the assertion is that the money consumed by the Defendant constitutes an unlawful benefit and does not constitute embezzlement, and that embezzlement was made.

Even if the amount is more than three million won, according to the evidence mentioned above, the victim C's money kept by the defendant is raised by gambling, but it is again a gambling fund.