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(영문) 서울중앙지방법원 2017.04.14 2016고정3037

횡령

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is a person who runs a brokerage business for bail without opening a store.

1. The Defendant: (a) around November 2014, at the multilateral bank located in Seoul Sejong-ro 3A, the victim C “10 foot that he/she has.”

C. The Defendant offered that the Montreal will sell it in the Republic of Korea, and the victim delivered the Montreal to the Defendant, but the Defendant did not sell the Montreal, and the Defendant refused to return it to the victim, despite the fact that the Defendant would have failed to sell the Montreal.

2. Around November 2014, through the Defendant, the victim borrowed the amount of KRW 19 million from D by taking up the bruds and brusings in the victim’s possession as collateral, and borrowing the amount of KRW 19 million. Without the consent of the victim, the Defendant offered to the said D that “the bruds (victim) with this amount of KRW 3 million additional KRW 3 million to the victim as the bruds are increased, and the bruds directly purchase the bruds are given KRW 3 million from D, and then wrongfully consumed and embezzled the said amount without the consent of the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. The defendant and his defense counsel asserted that it is justified that the Montreal set forth in Paragraph 1 of the holding is not returned to the victim because he had the money that the defendant would receive five million won from the injured party as to the crime of Paragraph 1 of the holding.

However, according to each evidence of the judgment, the defendant brought the Montreal on the pretext that he would sell it from the injured party, and without having talked with the injured party in advance, borrowed 11 million won in total from E by providing the said tea as collateral to E with the said tea. After that, the defendant sold the said tea to the injured party, the defendant returned 5 million won in advance, etc., and the injured party requested a return of the said tea to the injured party.