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(영문) 서울중앙지방법원 2018.07.26 2018고단420

횡령등

Text

A defendant shall be punished by imprisonment for one year.

15,000 won shall be additionally collected from the defendant.

The amount equivalent to the above additional collection charge.

Reasons

Punishment of the crime

The Defendant, “2018 Highest 420,” carrying a gold leader and departs from Korea, was against the Japanese customs employees to conduct a thorough inspection in order to prevent the smuggling, while taking advantage of the fact that there is a little degree of strength of inspection conducted by the Japanese customs employees in the case of entering Korea to Japan, the Defendant, “(2018 Highest 420)” is a person who transported the gold leader to Japan through Korea and intended to receive the price, and C is a person who instructs the Defendant, etc. to transport gold.

On February 27, 2017, the Defendant received an order from C to deliver gold bars from Incheon International Public Port to the purchaser of gold bars located in the Ma-gu in Mapo-gu Seoul Metropolitan Government, and received an order from C to deliver it to the purchaser of gold bars in the Ma-si in Japan, and received 600,000 won in return.

On March 3, 2017, the Defendant received six gold bars (one kilogram) equivalent to KRW 270,000,000, total market price of the gold bars (one kilogram) brought from the non-person in the name of the deceased at the time near the Incheon International Airport Tax Exemption Point located at the Incheon International Airport 271 at around 09:00,00, and claimed that the Defendant, the owner of the gold bars, who is the non-person who was the owner of the said gold bars, is the non-person in the name of the deceased in Japan who is not C, not C. However, the Defendant’s change of the victim without any amendment procedure without any amendment to the indictment, thereby correcting it ex officio, as it does not infringe the Defendant’s right to defense.

was kept in custody for the purposes of this section.

Afterward, the Defendant left Korea to Japan on March 3, 2017, and Cuba after Japan on March 3, 2017

On March 6, 2017, after having arrived at an airport and passed through a customs house, went to Japan, and then embezzled six gold bars at will to another person who is unable to know his name in the area of the Casa City in Japan.

"2018 Highest 2693"

1. The Defendant committed a crime in August 2017 with G hotel underground “H” located in Gangnam-gu Seoul Metropolitan Government F around 01:00 on the first day of August 2017.