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(영문) 서울남부지방법원 2018.12.19 2017고단3719

횡령

Text

Defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

[criminal records] On June 26, 2009, the Seoul High Court sentenced the Defendant to five years of imprisonment for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement), and on September 22, 201, sentenced the Defendant to one year of imprisonment for a crime of fraud at the Chuncheon District Court on September 22, 201, the Defendant was released on May 13, 2016 during the execution of the sentence and passed on September 10, 2016.

[Criminal facts] The Defendant, around October 4, 2016, tried to provide the victim B with the “C doctoral degree and D business” at the Pool house where it is difficult to identify the trade name in the Gangnam-gu Seoul Metropolitan Government Cheongdamdong.

In this regard, in order to establish and operate the E company, it stated to the effect that the company will receive shares of KRW 200 million by designating 9% of the company’s shares and allowing the remainder of the investment to receive shares in the E company by disposing of it with the company’s loans. The victim consented to this and decided to make an investment in the E company.

Therefore, while the defendant received KRW 10,00 from the victim of the same day to the F bank account under the name of the defendant, and stored it for the victim, he voluntarily used KRW 8,50,000 for personal living expenses, etc. around that time.

In addition, from around that time to December 2, 2016, the Defendant received a total of KRW 250,000,000 from the injured party to the E company’s investment in total six times as indicated in the list of crimes in the attached Table, and embezzled the total of KRW 161,375,000 by arbitrarily using the same as the Defendant kept for the victim.

Summary of Evidence

1. Partial statement of the witness C;

1. Entry of the defendant in part in the first trial record;

1. Statement made by the witness B in the third public trial protocol;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement No. B and C concerning the accused during the fourth police interrogation protocol;

1. Statement made by the police against B;

1. Written complaint;

1. A certified copy of the E-corporation registry;

1. Certified copy of G registry;

1. H. Bank.