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(영문) 서울중앙지방법원 2018.02.09 2017고단8215

횡령

Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

However, from the date this judgment becomes final and conclusive, each one year.

Reasons

Punishment of the crime

The Defendants, who were involved in the operation of the Gangnam Center operated by E, etc., called “F”, was the victims who invested in the said similar business entity in a lawsuit to recover their investments, thereby receiving money from the victims to be used as litigation costs.

around October 28, 2015, the Defendants conspired to receive KRW 1 million from the victim G to the one bank account in the name of Defendant B (Account Number H) and embezzled KRW 6,000 from October 30, 2015 to November 13, 2015, the Defendants received total amount of KRW 102,00,000 from the victims to the above one bank account in the name of Defendant B for the victims over 84 occasions, such as in the attached list of crimes (1). From October 30, 2015 to October 30, 2015, the Defendants embezzled KRW 6,00,000 in the name of Defendant A’s National Bank account (Account Number I) and embezzled KRW 1,00,000 from October 30, 2015 to his daily consumption with Defendant A’s daily consumption with the total consumption during the period of KRW 207,00,000 from October 27, 2016.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement in the police statement before J; and

1. Each statement of deposit, certificate of deposit confirmation, personal financial transaction, inquiry of transaction details, each transaction statement, each deposit certificate of passbook, copy of passbook, and details of withdrawal transaction;

1. Application of each Act and subordinate statute of a criminal investigation report (Attachment to a detailed statement of transaction in the account of a suspect B Han Bank); and application of an investigation report (financial statements of the amount of embezzlement);

1. Relevant Articles 355(1) and 30 of the Criminal Act and the Defendants’ choice of punishment for criminal facts: Articles 355(1) and 30 of the Criminal Act;

1. Commercial concurrent defendants: Articles 40 and 50 of the Criminal Act

1. Selection of imprisonment with prison labor chosen;

1. Defendants on probation: Reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., conditions favorable to the reasons for sentencing as set forth below);

1. The sentencing criteria shall be set;