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(영문) 인천지방법원 2020.01.22 2019고단4783
횡령
Text

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

Reasons

Punishment of the crime

On November 23, 2018, the Defendant: (a) deposited the money transferred to the account via B Exchange by changing it into an electronic currency; (b) around 14:20 of the same day; (c) from the sum of KRW 16 million wired to the Defendant’s Cbank account (Account Number D); and (d) KRW 54 million remitted to the Defendant’s Cbank account; and (c) transferred the money to the Defendant’s corporate bank account in the name of the Defendant 66 million with the remainder of KRW 76 million, 70,000,000,000,000,000 to the Defendant’s corporate bank account (Account Number: G); (d) on November 26, 2018, the Defendant released the payment suspension of payment from B Exchange to the Defendant’s account; and (e) on February 27, 2019, the Defendant cancelled the payment suspension of payment of the Plaintiff’s electronic currency to the Plaintiff.

At around 13:26 on the same day, the Defendant embezzled KRW 54 million from the above money to the Cbank account in the name of the Defendant’s wife at around 14:04 on the same day, by using the victim’s “B Exchange from approximately 4km to Mana,” having the Defendant embarked on the Defendant’s vehicle, and having the Defendant disembarked KRW 32,00,000,000 from the vehicle, and by using the Defendant’s personal debt repayment, at around 14:04 on the same day, and at around 14:05, 23,300,000 won from the Defendant’s wife’s account.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning F;

1. The recorded defendant and his/her defense counsel shall use electronic currency;

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