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(영문) 서울중앙지방법원 2014.08.14 2014고합522
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

1. The punishment of the accused shall be three years;

2. The Defendant is limited to 1.34 billion won in embezzlement.

Reasons

Punishment of the crime

China D (D; hereinafter referred to as "D") and victim C (C; hereinafter referred to as "C"), and China E (E; hereinafter referred to as "E") entered the Republic of Korea on August 30, 2013 through the Kimpo Airport, and operated a casino gambling at the Gangnam-gu Donnam-ro, Gangnam-gu, Seoul, 524.

With the introduction of D, the defendant, who met the victim and E, stated that "if you send money, you will keep the victim and E in custody at the Doo Casino's south place, and there is no doubt about the receipt of custody, so we will come into Korea every hour and make a casino game with money."

On September 2, 2013, the injured party returned to China on September 2, 2013. On September 11, 2013, 2013, the injured party transferred the above total sum of 8,060,000 won plus 2,50,000,000 won of the Chinese People's Republic of China (F) from F (hereinafter "F") and E, on September 1, 201, to five accounts where the accused was in possession. The accused exchanged the total sum of the above money in KRW 1,34,352,00,000 to three times on September 11, 201 and September 12, 2013, kept in the victim's three - Don Casino point in the victim's name on three occasions in the victim's name, and received the custody certificate prepared in the victim's name.

The Defendant used the fact that the Defendant had a custody certificate of KRW 1.3443520,000 of the victim’s money, and conspiredd with D to engage in casino gambling by withdrawing it.

Around 19:26 September 18, 2013, the Defendant and D collected the full amount of KRW 1.344,3520,000 from the Defendant’s name without obtaining the victim’s consent, using three copies of custody certificates in the victim’s name, and returned the full amount of KRW 1.344,352,00 to the Defendant’s name, and then making all of KRW 1.344,352,00 from the Defendant’s name.

Accordingly, the defendant and D shall use 1.344,352 million won at will, in collusion, the custody money owned by the victim.

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