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(영문) 서울중앙지방법원 2018.01.19 2017고합1010

특정경제범죄가중처벌등에관한법률위반(횡령)

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Defendant

A shall be punished by imprisonment with prison labor for three and a half years, and by imprisonment for two years.

Defendants are jointly and severally liable.

Reasons

Punishment of the crime

Defendant A was sentenced to one year of imprisonment for a violation of the Game Industry Promotion Act at the Gwangju District Court on January 13, 2016, and the judgment became final and conclusive on April 15, 2016, and on June 23, 2016, Defendant A was sentenced to two years of suspension of execution for one year of imprisonment due to a violation of the Game Industry Promotion Act in the same court on June 23, 2016. The judgment became final and conclusive on August 4, 2016.

Criminal facts

On May 21, 2009, the Defendants received request from the victim E for collection of KRW 641,81,000 from the G attorney-at-law office located in Seocho-gu Seoul Metropolitan Government.

Defendant

B At the direction of Defendant A, he collected the claim collection amounting to KRW 100,000,000,000 from the above H on June 11, 2009, from the nameless certified judicial scrivener office located in Seongbuk-gu Seoul, Seongbuk-gu, Seoul, and from the same place on the 19th day of the same month, the sum of KRW 420,000,000,000,000,000,000,000,000,000,000,000.

The Defendants, on their job, make up for profits by Defendant A and Defendant B’s use of the remaining amount of KRW 220 million on the basis that the remaining amount of the debt collection period of one year has yet to be collected from the victim, and the victim has not yet been collected the debt collection period of the above collection amount.

“A false notification was made to the effect that the notice was made.”

Then, on June 19, 2009, Defendant A instructed Defendant B to transfer KRW 300 million out of the above collection money to Defendant B’s account in the name of Defendant A’s wife I, and used the above money to open a private game room at that time, etc., and the remaining KRW 2200 million was used for Defendant B’s profits by separately utilizing it to Defendant B, and used it as vehicle purchase cost, living cost, etc. during Defendant B’s custody.

Accordingly, the Defendants conspired and embezzled the amount of KRW 520,000,000,000, which was kept for the victim by arbitrarily consuming it.

Summary of Evidence

1. Defendant B’s legal statement

1. The defendant A's partial statement (the defendant.).