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(영문) 서울동부지방법원 2015.12.09 2015고단2197
횡령
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. Around April 2013, the Defendant was requested from the Victim C to recover the amount of KRW 15 million against the Victim G from the F operated by the Victim C, Hanam-si, E.

Around November 2013, the Defendant used KRW 2.5 million for hospital expenses, personal living expenses, etc. around the time when he/she kept the victim by cash with debt repayment from G and used KRW 2.5 million for the victim. Around February 20, 2014, while being transferred from G to the Nonghyup Bank account in the name of H, the Defendant used the amount of KRW 3 million as hospital expenses, personal living expenses, etc. at around the time of the custody of the victim. Around May 25, 2014, the Defendant used the amount of KRW 2.5 million as debt repayment to the victim and stored for the victim in cash, and used it as Defendant mother-child hospital expenses, personal living expenses, etc. at around that time, while being kept for the victim by cash with debt repayment from G around December 2014, the Defendant and mother-child hospital, etc. at his/her own discretion used for consumption of KRW 1.2 million for the victim as the Defendant and mother-child hospital, etc. at around that time.

2. On November 30, 2014, the Defendant was requested by the victim C to establish a provisional attachment on the I-owned store account, the debtor of the victim, and was transferred at the expense to the account in H H’s name, the amount of KRW 4 million, and then kept 3.6 million remaining after paying KRW 4 million for the receipt of the provisional attachment against cars to the Japanese law firm on the same day. On December 4, 2014, the Defendant became unable to proceed with the provisional attachment procedure any longer due to a change in the name of the owner of the said house on the same day.

Accordingly, even though the defendant return 3.6 million won to the victim on December 13, 2014, the defendant arbitrarily uses 1.35 million won under the name of hospital expenses and personal living expenses, 1.35 million won under the name of the defendant's mother's parent's hospital expenses, personal living expenses around December 21, 2014, and 6.6 million won on December 30, 2014.

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