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(영문) 서울중앙지방법원 2017.03.21 2016고합1182

특정경제범죄가중처벌등에관한법률위반(횡령)등

Text

Defendant

A Imprisonment with prison labor for two years and for two years and six months, respectively.

except that from the date of this judgment.

Reasons

Punishment of the crime

To the extent that the prosecutor does not disadvantage the defendants' defense right, part of the facts charged were corrected or revised according to the facts obtained through the examination of evidence without the amendment process.

1. Defendant A (2016 Gohap 1182, 1208);

A. Defendant A is the actual representative of Victim I Co., Ltd., a mobile phone charging company and a lending company, in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement).

On April 2016, the Defendant was operating an illegal sports gambling site on a Staff member.

J received a proposal to invest in the illegal sports gambling site and tried to invest the funds of the above company operated by the defendant in the above site.

On April 27, 2016, the Defendant invested KRW 500,000 in the illegal sports gambling site by making the victim I Office L in Seongdong-gu Seoul, Seoul, the five floors of K building and allowing the victim to withdraw the funds of KRW 500,000,000 in a check, which was in his/her business custody, and delivering them to the said J through the scams.

The Defendant withdrawn from the victim’s financial account on May 10, 2016, KRW 100 million, and KRW 70 million on June 13, 2016, and invested in the said illegal sports gambling site in the same manner, and appropriated each of the above funds as the provisional payment for the injury to the accounts.

However, the defendant did not go through the normal process of disbursement in the process of processing and withdrawing the above money as provisional payment, and there was no interest or due date.

Accordingly, the defendant embezzled the victim's funds of KRW 670 million in his/her occupational custody.

B. M opening a gambling place is the total operating responsibility of “N”, which is an illegal sports gambling site, and J is the responsibility for the operation of the call center and the management of the presidential passbook. O is the operator of the call center and the call center, P connects Q, R, and S with the overseas sports gambling site (S). T and U are the employees of each call center, and V and W are the total sales business operator soliciting each gambling.