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(영문) 서울북부지방법원 2020.05.15 2020고단1244

횡령등

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

1. Embezzlement;

A. On February 7, 2018, the Defendant was sentenced by the Seoul Northern District Court in Dobong-gu, Seoul, Seoul, and was detained by the court, and sent a bank containing six credit cards from the victim B, and the key of the vehicle operated by the victim, and sent the wall to the Bana, who is the victim, and the vehicle was parked in the victim’s house.

The Defendant, as above, kept six credit cards owned by the victim (D Card, E Card, F Card, G Card, H Card, and I Card) and Jbenz E250 cars equivalent to the market value of KRW 40 million. Around that time, the Defendant did not deliver six credit cards of the victim to C on his/her own idea of personal use, and embezzled by borrowing approximately KRW 10 million from K, the Defendant’s seat of the Defendant, who borrowed approximately KRW 10 million from K, the Defendant’s seat, as security for transfer, and then arbitrarily disposing of the said benz car by providing the said benz car as security.

B. Around February 2018, the Defendant received the victim’s request from the Seoul Eastern Detention Center located in Songpa-gu Seoul as a definition of Songpa-gu, that “The remaining money remaining as the cost of attorney-at-law’s fee paid in lieu of the amount of KRW 11 million lent to L, and used as the cost of attorney-at-law’s fee in Korea, shall be put in custody.”

On March 24, 2018, the Defendant, at the N's coffee shop in Gangnam-gu, Seoul, opened 6 million won in cash from L for the repayment of borrowed money to the victim. On March 14, 2018, the Defendant transferred 3 million won from L to the accounts in the name of P designated by the Defendant under the same name, and around March 24, 2018, transferred 2 million won in total from L to the accounts in the name of P used by the Defendant for the same name.

As above, the Defendant arbitrarily consumed the above KRW 11 million, which was kept for the victim, for personal purposes such as gambling funds, etc. around that time, and embezzled.

2. Fraud; and