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(영문) 서울서부지방법원 2019.06.13 2018고단650

횡령

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 17, 2017, the Defendant was sentenced to nine months of imprisonment by the Seoul Western District Court for intimidation, etc., and the said judgment became final and conclusive on December 22, 2017.

The defendant is a person who attends a multi-level company around November 2014 and has invested in virtual currency B.

A victim C, around that time, after hearing the horses that “B may enter the value of B in the front and around November 201, 2014 through the Defendant’s official website, B was able to generate and purchase B e-mail only from F to G, and at the present site B e-mail was transferred from the above site to G, B e-mail may be purchased at the request of the Defendant.”

1. Around December 4, 2014, the victim of embezzlement transferred KRW 6.5 million to E as the purchase price for B on or around November 25, 2014, and the Defendant received KRW 6.5 million from E to the H bank account in the name of the Defendant (number : I) around November 26, 2014.

On December 4, 2014, the Defendant, using the victim’s e-mail address (J), created Adi K and password L (M; hereinafter “victim’s e-mail address”), and embezzled B571,520,000 from around two times to February 8, 2015, the Defendant purchased XRP and deposited it into the victim’s e-mail address and stored for the victim’s e-mail. On December 4, 2014, the Defendant transferred XP among B, which was in the victim’s e-mail address, to another e-mail (N; hereinafter “O electronic fingerprint”) known to the Defendant, and embezzled B571,520,000 owned by the victim by transferring it to another e-mail.

2. A victim of embezzlement, around December 17, 2014, decided to continuously purchase Baer B’s additional purchase on December 19, 2014. A victim of embezzlement purchased B 500,000 XRP to request the Defendant to include B 500,000 won in the victim’s electronic wallets, and KRW 5,00,000,000,000 to the account in the name of D’s father P around December 19, 2014.