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(영문) 인천지방법원 부천지원 2019.07.09 2019고단954

횡령

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

피고인은 2017. 7.경 서울 서초구 방배동 소재 상호불상 음식점에서, 피해자 B에게 “2,000만 원을 투자하면 일단 이더리움 Ethereum, 암호화전자화폐의 일종 을 매수하여 한 달 반 후에 600만 원의 수익을 올려 총 2,600만 원의 파뵤시코인 PabyosiCoin 암호화전자화폐의 일종 을 구매해 주겠다.”라고 투자를 권유하고, 이에 응한 피해자로부터 같은 달 14.경 피고인 명의 새마을금고 계좌로 암호화전자화폐 구입자금 명목으로 2,000만 원을 송금받았다.

The Defendant purchased an interest rate of KRW 21,689,00 on the following day and sold the said amount to KRW 21,689,000 on the 19th day of the same month to increase the amount of money of KRW 21,689,000 for the victim and kept for the victim. On the 19th day of the same month, the Defendant transferred KRW 20 million to the E-bank account (F) in the name of the Defendant for the purchase of other financial instruments at around 10:41 of the same month, and around 11:06 of the same day, 1.5 million to the E-bank account (F) in the name of the Defendant

Accordingly, the Defendant arbitrarily consumed a total of KRW 21.5 million and embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to a cash storage certificate, a new bank account transaction statement in the victim's name, and a G deposit statement;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. The scope of recommendations on the sentencing criteria [the scope of recommendations] category 1 (100 million won) and basic area (4 months to 1 year and 4 months) (special person];

2. Determination of sentence: Determination of sentence: The fact that the total amount obtained by deception for six months is not paid at all is disadvantageous to the defendant.

However, the defendant recognized the crime of this case, and there is no record of punishment for the same kind of crime, and the defendant most of the damage amount.