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(영문) 서울서부지방법원 2017.03.28 2016고단1139
횡령
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A defendant shall be punished by imprisonment for seven months.

Reasons

Punishment of the crime

[Criminal Records] The defendant was sentenced to imprisonment with prison labor for not less than eight months at the Seoul Western District Court on January 23, 2015 and has been sentenced to criminal fraud for the same year.

5.28. The above judgment became final and conclusive.

[2] The Defendant was a person who was engaged in the auction business of used cars or household appliances from around 2004 to around 2010, and was requested by the victim C to commission the consignment of art works in his/her possession, which was known to him/her through the branch of the land around June 2014.

Defendant,

1. On January 2015, 2015, the defendant who was employed by the defendant who was located in the Si/Gu-si;

D Articles 1 to 21 of the [Attachment A] No. 68 of the total market value (88,400,000 won in total) of the No. 1 to 21 of the [Attachment A] No. 68 of the No. 21 of the total market value, which were entrusted by the injured party and kept in custody, are embezzled by arbitrarily providing the same as security for the Defendant’s obligation to return KRW 15,000,000 in connection with the sale

2. Around March 26, 2015, at a warehouse used by the Defendant E located in Seongdong-gu, Seoul around March 26, 2015, sold to F, in total, 10,690,000, art works of 50 points in the attached Form Nos. 22 through 74, which were in custody entrusted by the former damaged person, to F, and embezzled, without paying the sales proceeds to the injured person;

3. The same year from April 2015 to the same year;

5. Before 27. Before this, in the French wave located in Jongno-gu Seoul, Jongno-gu, Seoul, sold the art products of the attached Form Nos. 22 through 74, which were entrusted by the victims of the damage, and then embezzled without paying the sales proceeds to the victims, the art products of the attached Form No. 63 (the sum of market prices) which were in custody.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement made by the police against C;

1. Details of carriage of art works, details of sending suspect letters, e-mail sent to the suspect, and consignment sale to Japan by the recipient;

Details of his assertion

1. A report on investigation (Preparation of revision to the list of crimes);

1. Judgment.

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