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(영문) 의정부지방법원 고양지원 2019.03.22 2018고단3142

횡령

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 11, 2013, the Defendant was sentenced to imprisonment without prison labor for six months for the crime of acquisition of goods through occupational negligence in Daejeon District Court, and the above judgment was finalized on October 19, 2018. On October 23, 2018, the above judgment was finalized on January 23, 2019.

Around December 5, 2011, the Defendant received documents necessary for the establishment of a right to collateral security on the said land from the victim C, with the victim’s statement that “I would like to prepare cash as collateral with D’s land located in Heung-gu, Young-gu, his father’s name because of the need for business funds for Category D distribution,” and the victim’s statement that “I would make a loan of KRW 30 million every six months.”

On the 7th day of the same month, the defendant received products, such as computer software, etc., from the defendant's office located in Mapo-gu Seoul Metropolitan Government as security, and disposed of them, prepared cash, and gathered to use them in installments.

Around December 9, 201, the Defendant, in collusion with the foregoing G, set up a collateral security (i.e., a debtor, a stock company I as a mortgagee, and (ii) a maximum debt amount of which is KRW 180 million with the amount of the claim against H, and (ii) transferred KRW 70 million after deducting H’s introduction expenses from the funds created by the method of disposing of the software supplied by H, a stock company I as a collateral, to the said G account, and then appropriated the said amount for the Defendant’s personal debt repayment. < Amended by Act No. 11354, Dec. 9, 2011; Act No. 11354, Dec. 9, 2011; Act No. 1308, Dec. 13, 2011>

The Defendant, along with the foregoing B, voluntarily consumed the total amount of KRW 37.9 million, which was in custody for the victim, such as the list of crimes in the attached Table, from around that time to February 23 of the same month.

In this respect, the defendant was the above B.