(영문) 의정부지방법원 2017.11.22 2016고단2777

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(영문) 의정부지방법원 2017.11.22 2016고단2777

횡령등

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A defendant shall be punished by imprisonment for not less than eight months.

Of the facts charged in the instant case, fraud against the victim C (2016 order 4106 order).

Reasons

Punishment of the crime

(2016 Highest 2777) Defendant and Victim D were known to the police officer on March 2013, 2013.

E have lent KRW 60 million and KRW 40 million respectively to E.

However, as E is unable to pay interest, the defendant and the victim received 33,647 loans from E as collateral for the borrowed amount.

On August 2013, the Defendant received from the Defendant’s warehouse located in the Namyang-si, the amount of KRW 280 million in the market value of KRW 33,647 from E as collateral, and among which, the Defendant received 40% of the shares of the victim from the damaged person, stored in the warehouse.

Nevertheless, around April 2014, the Defendant received KRW 50 million from G from G at the warehouse operated by the Defendant and sold KRW 10,000 among the above bags. around May 2014, the Defendant offered KRW 100 million out of the above bags as security and disposed of the remainder of the temporary and non-permanent bank at an irregular price. However, around that time, the Defendant embezzled approximately KRW 112,000,000 ( KRW 280,000,000 x 40%) for personal use.

Summary of Evidence

1. Partial statement of the defendant;

1. D Legal statements;

1. Each legal statement of H and I in part;

1. A protocol concerning the examination of suspect by a partial prosecutor of each of the accused (including DNA statements);

1. Part of the statement made to the accused in the protocol of interrogation of the suspect;

1. Statement made by the police against D;

1. Each investigation report (report on the list of commodities to be submitted by a suspect and the list attached thereto, report on the results of execution of a warrant of seizure and of search; report on the results of a warrant of search and seizure; confirmation of submission of a suspect; inventory, data, and confirmation document A (E));

1. The power of delegation for the transfer of the goods, the certificate of deposit of the amount of goods, the certificate of contract for the sale of the goods, the certificate of confirmation of the release of the goods, the certificate of storage of the goods, the number and time limit of the goods, the certificate of deposit, the particulars of the release of the goods, the contract for the transfer of the goods,

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