A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

B, from September 8, 2008 to November 25, 2008, the victim C expressed to the effect that “it may purchase gold bullion through D (one name E) and create profits therefrom” and received a total of KRW 927 million, but until April 2009, B received payment demand without having any profit to the victim.

Accordingly, Defendant and B issued KRW 100,000 to the victim for the purchase of gold samples on April 15, 2009 and delivered KRW 80,000 to the victim without the victim’s consent or consent on the same day while Defendant and B received KRW 100,000 as the fund for the purchase of gold samples and kept for the victim, stating to the effect that “A knows that there is a place with the knowledge of gold storage, will complete the purchase of sample with the face of KRW 100,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won.

Accordingly, the defendant, in collusion with B, has arbitrarily delivered KRW 80 million to D while keeping 100 million in custody for the victim as the fund for the purchase of gold samples from the victim.

Summary of Evidence

1. Examination protocol of suspect B prepared by the prosecution (including the C’s statement);

1. Statement to C by the police;

1. Details of deposit and withdrawal transactions, and details of payment of cashier's checks;

1. Application of Acts and subordinate statutes of cash custody certificate (No. 114 pages of evidence No. 3);

1. 범죄사실에 대한 해당법조 및 형의 선택 형법 제355조 제1항, 제30조(징역형 선택) 양형의 이유 [유형의 결정] 횡령배임범죄, 제1유형(1억 원 미만) [특별양형인자] - 없음 [권고형의 범위] 징역 4월 ∽ 징역 1년 4월(기본영역) [선고형의 결정] 이 사건 범행의 피해 규모가 작지 아니한 점, 그럼에도 피해자와 합의하거나 피해회복을 위하여 노력한 흔적을 찾을 수 없는 점 등 불리한 정상들과 피고인에게 이종 벌금형 전과 3회 이외에 별다른 전과가...