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(영문) 서울중앙지방법원 2013.05.23 2012고단3410
횡령
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay a fine, 50,000 won shall be converted into one day.

Reasons

Punishment of the crime

Around October 2011, the Defendant received 220 million won investment money from the victim B and carried out the planning date for performance planning, such as public relations, sales of diskettes, preparation for performance, etc., but agreed with the victim to open a separate account and manage them jointly.

1. On August 18, 201, the Defendant, at the Defendant’s residence in Jongno-gu Seoul Jongno-gu, 201, embezzled for personal purposes, such as family hospital expenses and promotional expenses of other performances that the Defendant continued, while receiving KRW 15 million from D managing the victim’s investment funds, and being kept for the victim on September 8, 201, the Defendant embezzled for personal purposes.

2. Around October 25, 2011, the Defendant, at the Defendant’s residence, sold C’s ticket to G by telephone, and deposited KRW 2,288,00 in the agricultural bank account in the name of the Defendant, used the money for personal use around that time.

From around that time to December 16, 2011, the Defendant received payment of 1,877,00 won for the sales of diskettes over 25 times, such as the attached list of crimes (However, the remitter No. 5 appears to be the remitter at H and 13 in writing) from around that time, and embezzled for personal use during that time while being kept for the victim.

Summary of Evidence

1. Each prosecutor's protocol of examination of the accused (including the statement parts D and B);

1. The police statement concerning B;

1. Application of Acts and subordinate statutes of a performance investment contract and a detailed statement of savings deposit transactions;

1. Relevant criminal facts of the relevant criminal facts under Article 355 (1) of the Criminal Act: Article 355 (2) of the Criminal Act comprehensively: Article 355 (1) of the Criminal Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The amount of KRW 25 million in the criminal facts of the crime of sentencing of Articles 70 and 69(2) of the Criminal Act for the punishment of Articles 70 and 69(2) was lent to D, and the defendant returned to D among them.

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