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(영문) 대전지방법원 2017.04.13 2016고단4358

횡령등

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around September 30, 2013, the Defendant, at the victim C’s office located in Dongdaemun-gu Seoul Metropolitan Government B 103, sentenced the victim to “a request from the victim to a KRW 1,00,000,000,000,000,000,000,000,000 won for the purchase and sale of real estate by means

On September 30, 2013, the Defendant received KRW 1 million from the injured party to the Agricultural Cooperative Account under the name of the Defendant, and paid to him/her a part of his/her name in return, but was returned from the above double on October 30, 2016 on the ground that it is difficult to express his/her intention to trade, and then stored for the victim, he/she arbitrarily consumed it for personal purposes, such as the Defendant’s living cost, etc., and embezzled it.

2. The Defendant, as the head of the Rashing Business Headquarters of the Victim D Co., Ltd., took charge of the management of funds, etc. to participate in the “E Games.”

On October 30, 2013, the Defendant received KRW 1,00,000 from C to the Defendant’s agricultural cooperative account under the name of the Defendant’s agricultural cooperative account for pre-delivery preparation fund, etc., and on the same day C transferred KRW 37,00,000 to the Defendant’s agricultural cooperative account under the above name of the victim D (State) team leader, and to F, “necessary for automobile competition preparation fund, etc.” to F, and embezzled the amount of KRW 1,00,000 to the Defendant’s new bank account under the Defendant’s wife G’s name with KRW 1,00,000,000,000 to the Defendant’s agricultural cooperative account with KRW 7 million on October 31, 2013, by receiving KRW 18,000 from each of the Defendant’s agricultural cooperative accounts with each of the Defendant’s funds, while working in custody for the victim, repayment of personal debts, and monthly consumption at that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each complaint;

1. Each investigation report (Nos. 3, 9, 20, and 23), respectively;

1. Application of Acts and subordinate statutes on financial transaction confirmation, financial transaction details, bank account transaction details in the name of G, and account transaction details in the name of a suspect.