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(영문) 인천지방법원 2016.08.08 2016고단3257
횡령등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around September 6, 201, the Defendant, at the office operated by the Defendant in Seo-gu Incheon, Seo-gu, Incheon, proposed that the victim C, who had been in his husband’s business due to his husband’s default, would take a place where he would receive money from his husband’s debt collection, opened and lent his account under the name of the Defendant to the victim. On September 8, 201, the Defendant received 70,000,000 won from the victim to the bank account under the name of the Defendant, and kept for the victim. On November 9, 2011, the Defendant transferred all of the above 70,000,000 won to the bank account under the name of the Defendant, and transferred it to the NH securities account under the name of the Defendant from November 1, 2011 to 30,000,000 won, and then, from November 21, 2011 to 30, 2011.

2. Around April 10, 2012, the Defendant against the victim H made a false statement to the victim H, “The victim H made an investment in the mobile phone manufacturing company in the instant E office, thereby significantly reducing profits and making investments.”

However, even if the Defendant received money from the injured party as a result of investment in stocks, the Defendant was expected to immediately withdraw and use 45 million won for the purpose of living expenses, etc., and at the time, the Defendant was expected to use the remaining amount of money excluding 45 million won for the purpose of compensating for losses of stock security loans. Even if a part of the victim’s money was made by investment in stocks, the Defendant did not have any intent or ability to pay the profit by investing in stocks as promised by the injured party.

The defendant as above.

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