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(영문) 서울중앙지방법원 2018.07.06 2017고합1000 (1)

특정경제범죄가중처벌등에관한법률위반(횡령)

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

Around October 30, 2015, the Defendant: (a) at the joint legal office in Seoul Seocho-gu Seoul Metropolitan Government’s three floors of B building; (b) the clients were indicted on October 26, 2015 on the fraud, etc. (Seoul Central District Court 2015 Gohap 974, Seoul High Court 2016No 961, Supreme Court Decision 2016Do16347) that was detained on October 26, 2015; (c) the Defendant received and kept KRW 1 billion on the condition that the victims would have been paid upon face to face; (d) the Defendant paid KRW 1 billion in cash for the victims through E, who is an employee of the victim; and (e) on the same day, deposited KRW 99,950,000 in the F bank account under the name of the Defendant; and (e) used the Defendant’s personal consumption of KRW 100,000,00 for the said personal consumption of the Defendant’s debt from February 1, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police with regard to D;

1. Application of Acts and subordinate statutes on real estate lease contracts, royalties contracts, integrated case search (defendants No. 83421, No. 2015, No. 2015, No. 83421, Jan. 1, 2015) to inquire into the verification certificate, F Bank Account Transaction Statement, H Bank Account Transaction Statement, and I Bank Credit Loans Transaction Details;

1. Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 355 (1) of the Criminal Act concerning the crime;

1. Determination on the issues of Articles 53 and 55(1)3 of the Criminal Act (hereinafter “the following grounds for sentencing”)

1. The gist of the Defendant’s assertion that the Defendant and the defense counsel received KRW 1 billion from the injured party, and the Defendant did not expressly agree on the use of money and ownership, and thus, recognized it as attorney’s fees. The above KRW 1 billion as a result of the advance payment of the official gazette, which is similar to that of monetary consumption lending.