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(영문) 서울중앙지방법원 2018.09.13 2018고단3673

횡령

Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a year.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

Defendant

On May 18, 2016, A was sentenced to ten months of imprisonment by the Incheon District Court for aiding and abetting fraud, etc., and the execution of the sentence was terminated by the Gesung Vocational Training Correctional Institution on August 11, 2016.

From January 2018, the Defendants, along with F, G, etc., have been engaged in a transaction in which the Defendants, from the victim H H of the Japanese nationality, received the victim H of the Japanese nationality to simplify it into Korean currency, and received the payment of the Japanese Bitcoin price and a part of the financial market price marginal profit in the Republic of Korea as a fee for several times with respect to the same financial transaction identical to the financial transaction in which the price differs in two markets, the Defendants have purchased the goods at a low price market and traded the goods at a low price and made profits from selling the goods at a low price market.

In the above transaction, F, upon the direct request of the victim, commercialized the victim and transferred it to Defendant B’s account in the name of Defendant B, and played a role of distributing and transferring it to several accounts again. Defendants and G, waiting in each bank, while waiting in each bank, play a role of withdrawing the money transferred to each account in compliance with F’s instructions.

F around 09:00 on April 10, 2018, the Republic of Korea transferred KRW 113,500,000 from the injured party to the Defendant’s I account in the name of the Defendant B, and received KRW 253,830,00 from the Defendant B (tentative currency exchange) to the Defendant B’s account in the name of the Defendant B, and transferred KRW 253,830,000 to the Defendant B’s account in the name of the Defendant B, and transferred KRW 367,30,000,000 (=113,50,000,000 won 253,830,000,000) to the Defendant B’s account in the name of the Defendant B.

After that, F transferred the above money to 14 accounts in the name of the Defendants and G, etc. from 09:39 on the same day to the Defendants and G, and the Defendants and G were scattered in the bank located in the Dong Dong-dong, Dongjak-gu Seoul Metropolitan Government from 09:39 on the same day, and F went off the above coffee shop and contacted the Defendants.