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(영문) 서울동부지방법원 2016.12.08 2016고단701

횡령등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

Ⅰ. Around January 2012, the Defendant proposed to the effect that “I may receive profits if I make an investment in money to open a coffee shop” to the victim C and D in the Songpa-gu Seoul Songpa-gu Seoul Metropolitan Government Park Sang-dong Park, and received a total of KRW 20 million from the victims on April 6, 2012, a sum of KRW 10 million, from the victims, to the Hansung Securities Account (F) in the name of the Defendant. The said money was transferred to E after informing the victims of the fact that I made an investment. The said money was transferred to E and received the profits settled from the E each month.

On December 5, 2013, the defendant was committed as if the victims demanded the recovery of the investment amount, and returned the above KRW 20 million from E and embezzled by refusing the return even though the victims requested the return of the investment amount in 2015.

II. 2016 Highest 3018

1. Around August 2013, the defrauded of the Victim G made a false statement to the Victim G that “The Defendant would make an investment in a 10% of the annual revenue at a mutually infinite restaurant located in Songpa-gu Seoul Metropolitan Government, Songpa-gu, Seoul and pay the Victim G the amount of money if he/she receives the money.”

However, even if the defendant received the above money from the above victim, he was thought to use it to recover his stock investment loss, and he did not have any intent or ability to pay profits to the above victim by investing in the coffee shop.

Nevertheless, the Defendant made a false statement to the above victim, and acquired the above victim’s money by remitting the sum of KRW 60 million to a corporate bank account under the name of the Defendant on September 30, 2013 and KRW 100 million to the same account on October 1, 2013 of the same year.

2. Fraud to the victim J;

A. On January 2013, 2013, the defrauded reported that the Defendant invested the money to the Nado coffee shop I in front of the Victim J located in Songpa-gu Seoul, Songpa-gu Seoul.