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(영문) 대전지방법원 2016.02.16 2015고단1682

횡령

Text

Defendants shall be punished by imprisonment for eight months.

Reasons

Punishment of the crime

Defendants were aware of the early May 2011, 201, that they had been working in the early May 201.

The introduction of D came to know the victim E, and introduced F dealing with dumping goods to the victim on May 9, 2014.

The victim was solicited by F to make an investment in the dumped goods, and the victim invested in the purchase fund of the dumped goods, and the profits were divided into three parts, and the victim, F, and the defendants decided that the amount invested by the victim would be managed by using the account under the name of the defendant B.

After having reached an agreement with the victim, F, and the distribution of profits, the Defendants received cash of KRW 115 million from the injured party on May 12, 2014, and transferred money of KRW 100 million to F through Defendant B’s account (National Bank G). From May 16, 2014 to May 23, 2014, the Defendants received KRW 96,857,000 from F to the above account in the name of Defendant B for the purpose of the investment source and its profits, as well as KRW 40,00,000 from another account in the same name (National Bank H) and had the victim keep custody for the remittance.

around May 17, 2014, the Defendants received a demand from the injured party to deposit the funds and the proceeds to the injured party immediately upon deposit. As such, the Defendants received KRW 136,857,00 from F to deposit KRW 136,85,00,00,00 from F. As such, the Defendants should return the funds and the proceeds to the injured party KRW 122,285,666 ( KRW 115,00,000, KRW 7,285,666). However, the Defendants embezzled the remainder of KRW 72,285,66 by consuming the Defendant’s office’s operating expenses and the proceeds for personal purposes, including repayment.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Each legal statement of the witness D, E, and F [the defendant A was allowed to use the profits until it reaches the amount of KRW 100 million and the defendant A was allowed to operate the profits at his own discretion, and there was no intention of embezzlement.