횡령
A defendant shall be punished by imprisonment for not less than eight months.
except that 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
1. On February 1, 2018, the Defendant, at Gangnam-gu Seoul, Gangnam-gu and the fifth floor, operated the KFC for the purpose of trading virtual currency. On February 1, 2018, the Defendant opened an account in the name of the victim at the request of the victim D who wishes to make an investment in virtual currency, opened the account in the name of the victim. On February 1, 2018, the Defendant purchased the victim’s investment amount of KRW 30 million and stored the “F”, which is the virtual currency, in the said account.
After that, on February 27, 2018, the Defendant sold the said virtual currency in the office of the Dispute Resolution Co., Ltd., and sold it in KRW 14,220,000,000, which was requested by the victim to transfer the payment, and then remitted to the victim, and the remaining KRW 3,80,000,000 was arbitrarily used as the operation expenses of the company of the Dispute Resolution Co., Ltd.
2. On February 2, 2018, the embezzlement related to the investment of virtual currency: (a) around February 2, 2018, the Defendant transferred KRW 40 million from the victim D to the H account in the name of G staff member of the LABC through the LABC; (b) sent it to the H account in the name of the LABC and the Defendant; and (c) purchased the said virtual currency on behalf of the victim, such as I on behalf of the victim; and (d) sold the said virtual currency at the victim’s request, and transferred the sales proceeds to the victim, or transferred the proceeds and the principal to the victim upon delegation by the victim.
Around February 5, 2018, the Defendant sold the said virtual currency at the request of the victim, and embezzled KRW 25,43,985 in total for the purpose of paying interest to other investors, etc. after selling the said virtual currency at the request of the victim, and then purchasing the said virtual currency again on February 9, 2018 and holding it for the victim. On February 15, 2018 and February 18, 2018, the Defendant embezzled KRW 25,43,985 in total from the sales price to other investors.
Summary of Evidence
1. The defendant's legal statement; 1.1.