횡령
The defendant shall be innocent.
1. From around 2006, the Defendant, while working in the same company as the victim D, committed a promise to raise profits by inserting money from the victim to the victim by inserting the money received from the victim as butt money in the gambling box in return for a high interest rate on the gambling market around February 2015 and lending the gambling fund to the victim. The Defendant promised to make profits by introducing the Defendant’s will to the victim, who can borrow money for a short period of time, while paying a high interest rate on the gambling market.
Accordingly, on February 10, 2015, the defendant would allow the victim to have 10 million won paid interest per month if he/she lent 10 million won to E who is the defendant's branch by telephone to the victim.
The proposal requires the victim to transfer the amount of KRW 9 million to the account under the name of E except for the interest accrued on March 5, 2015, and allow the victim to receive interest of KRW 200,000 won per day of lending KRW 10,000 to F who is the defendant's branch by telephone to the victim on March 5, 2015.
The proposal made the victim transfer 10 million won to the account in the former G name of the defendant who uses the defendant.
In order to use money as butts on March 9, 2015, the Defendant continued to pay interest of KRW 500,000 to the victim who has prepared 39,700,000 in cash for seven days.
The proposal made the victim lend 20 million won to the above E, and made the victim lend 3 million won to the victim at the coffee shop operated by the above F on March 10, 2015.
On March 2015, the Defendant collected all of the above loans and interest 43 million won from the above E and F, and kept them for the victim. At around that time, the Defendant arbitrarily consumed the total amount of money collected from the gambling board opened at an influence place located in the city of Jin-do and Jin-si for personal purposes, such as using it as gambling funds.
Accordingly, the defendant embezzled the victim's property.
2. Determination
A. Civil Act.