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(영문) 서울중앙지방법원 2019.01.04 2018고단6371
횡령등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

"2018 Highest 6371" Defendant became aware of F, through D, a person who had worked as a ship at a C hotel located in Tong Young-si B, and who was found to be a Chinese national E to exchange virtual currency of the victim E.

On February 2, 2018, the Defendant accepted the request from F to “G” from F that “A victim E (China’s nationality) cannot exchange “G” due to the lack of a Korean virtual currency exchange account and a gold account. In so doing, the Defendant received the victim’s virtual currency “G” from the Defendant’s Korean virtual currency exchange account and exchanged it, thereby granting 0.5% commission in return.”

On February 21, 2018, the Defendant informed F of the Defendant’s Korean virtual currency exchange account, and the victim who became aware of the Defendant’s Korean virtual currency exchange account from F sent 41,049 of “G” to H account, which is the Defendant’s Korean virtual currency exchange (Korean currency equivalent to KRW 49,964,785), and on the same day, 41,263 of “G” to the Defendant’s International Account, which is the Defendant’s Korean virtual currency exchange (Korean currency equivalent to KRW 49,465,117) respectively.

1. On February 21, 2018, at the above C hotel around 09:36, the Defendant sold 41,049 of the virtual currency “G”, which was transmitted from the victim to the H account, the Defendant’s Korean virtual currency exchange, and exchanged 49,964,785 won to the J account (K) in the name of the Defendant and stored for the victim, and then withdrawn 35,00,000 won in total from the J Bag branch located in L on the same day and embezzled by using the Defendant’s amusement expenses and business funds, etc. on two occasions on the same day.

2. On February 21, 2018, the Defendant sold 41,263 virtual currency “G”, which was transmitted from the victim to the I account, the Defendant’s Korean virtual currency exchange, and exchanged KRW 49,465,117 to the J account (K) in the name of the Defendant.

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