횡령
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
From September 8, 2008 to November 25, 2008, the victim D told the Defendant through the Defendant that “the purchase of gold boxes from E through F (one name G) managing gold warehouses kept in secret from E, would be able to create profits if you purchase gold boxes.” The victim D told the Defendant through the Defendant to pay the purchase price of gold bars of KRW 927 million in total by issuing a check to F and H or remitting the gold to H account or remitting the gold bullion to H account. The victim got the Defendant to pay the purchase price of gold bars of KRW 927 million (GOLDBR) without giving guidance to receive gold bars from April 2009 to April 25, 2009.
On April 15, 2009, the Defendant and Co-Defendant I provided the victim with the purport that “I would know of gold storage, enter into a transaction in the face of 100 million won due to the purchase of samples and would make payment in the amount of one billion won by combining 100 million won with the money first paid in the face of 100 million won,” and delivered KRW 80 million to F so that the said F would be used for the purchase of gold samples without the consent or consent of the victim on the same day.
Accordingly, the defendant, in collusion with Co-Defendant I, received KRW 100 million from the victim as the fund for the purchase of samples for the victim and embezzled it by granting KRW 80 million to F at will.
Summary of Evidence
1. The defendant's partial statement in the court [the statement on the sixth trial date, in particular, that "the defendant sent 80 million won to F for the purchase of curios]
1. Legal statement of witness D;
1. Partial statement of the witness F;
1. Statement D in the suspect examination protocol of the accused by the prosecution;
1. Statement of D police statement;
1. The investigation report (Attachment to the relevant judgment and the search details of the case); and