(영문) 의정부지방법원 2019.06.20 2018고단5483

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(영문) 의정부지방법원 2019.06.20 2018고단5483

횡령등

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A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. Around May 1, 2015, the Defendant: (a) at the Gyeonggi Kimpo-si, the Defendant: (b) the victim B, “I would be able to make profits by investing in shares; (c) would make profits by selling and selling shares with the money; and (d) would make the principal be preserved for unconditional terms; and (e) the Defendant received the victim’s Cbank D account in the name of the Defendant from the victim to the Cbank D account in the name of the Defendant and kept the amount of KRW 10 million on July 20, 2015.

The Defendant: (a) transferred the total sum of KRW 20 million to the E BankF account in the name of the Defendant to trade shares; (b) sold all the shares held on November 11, 2015 and stored in the said securities account; (c) transferred all of the shares on the same day to the said C Bank account in the name of the Defendant; and (d) arbitrarily consumed them for personal purposes, such as repayment of personal obligations, from the time of transfer to November 25, 2015.

Accordingly, the defendant embezzled the victim's property.

2. On November 25, 2015, the defrauded made a false statement to the said victim stating that “The Defendant would use 5 million won as a monthly wage to lend money to the said victim and make a repayment within this month,” but the fact was that the Defendant intended to use money from the victim for personal purposes, such as credit card payments, etc., and was in the status of having a debt of 50 million won or more at the time. As described in paragraph (1), as indicated in paragraph (1), from November 11, 2015 to November 25, 2015, the Defendant did not have any intent or ability to pay the money even if he/she borrowed money from the victim.

Around November 25, 2015, the Defendant, by deceiving the victim as above, received KRW 5 million from the victim to the said Cbank account in the name of the Defendant.

Summary of Evidence

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