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(영문) 부산지방법원 동부지원 2019.08.28 2018고단1588

횡령

Text

Defendant

A shall be punished by a fine of 5,00,000 won and by imprisonment of 2 years and 6 months, respectively.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

"2018 Highest 1588"

1. On October 8, 2014, Defendant A was sentenced to imprisonment for a crime of fraud at the Busan District Court, and on January 15, 2017, Defendant A completed the execution of the sentence in the third prison of the North Korean defectors.

On March 2, 2017, the Defendant: “Around July 12, 2017, the Defendant loaned KRW 30 million to D’s representative E, which is a yacht sales and lending business entity, made an investment of KRW 2,7.6 million in one month, and returned the principal after three months; and (b) deposited KRW 27.6 million in E’s corporate bank account in the name of E’s fatherF, and deposited KRW 2.7 million in April 4, 2017; and (c) embezzled KRW 9 million in the name of E from July 12, 2017 to the Defendant’s personal partnership account (H) while keeping the victim at his/her own expense.

2. Defendant B heard from Defendant A the phrase “a victim may use money of KRW 1 billion so that he/she can use money,” and introduced E to A. The Defendant borrowed money from the victim as described in paragraph (1) above.

After receiving the victim's loan from E in lieu of the victim's loan, the defendant did not grant the victim the loan, and the defendant used the above loan to A for the repayment of the loan obligation to I (Defendant B).

Accordingly, around June 16, 2017, the Defendant called “A to pay the money that he/she lent to He/she.” On the same day, the Defendant received KRW 11,00,000 from E to the Defendant’s parent-friendly J account, and then arbitrarily consumed the money by remitting it to I.

Accordingly, the defendant embezzled the victim's property in collusion with A.

Defendant B is not a person handling narcotics, “2019 order601”.

1. Defendant B, on January 13, 2019, committed the crime of selling phiphonephones, shall L, L, M, and N or less three persons within the studio room in Busan Shipping Daegu K hotel on January 13, 2019.