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(영문) 서울중앙지방법원 2020.08.13 2020고단4106
횡령
Text

Defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

[Criminal Power] On January 24, 2017, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Daejeon District Court. On July 22, 2017, the execution of the sentence was terminated in the Daejeon Correctional Institution.

【Criminal Facts】

From January 2018, the Defendant, along with B, C, and D, has been engaged in a transaction in which the Defendant, from the victim E of Japan's nationality from around January 2018, sent B, commercialized the Bitcoin into Korean currency, and the Defendant, as a fee, receives the Japanese Bitcoin's price and part of the market price profits from the bitco's price for the same product, i.e., a financial transaction where the prices are different for the same product in two markets, the Defendant has purchased the product at a low price market and sold the product at a low price market.

In the above transaction, the Defendant directly or at the request of the victim and transferred the victim to the FF Association account in the name of B, and transferred the victim to several accounts again. B, C, and D were waiting at each bank and were in charge of withdrawing the transferred money distributed to each account under the direction of the Defendant.

around 09:00 on April 10, 2018, the Defendant transferred KRW 113,500,000 from the victim’s “H” coffee in Gangnam-gu Seoul to the CF Cooperative account, and received transfer of KRW 34.4BC from the victim’s name to the CF Cooperative account in the name of C, and deposited KRW 253,830,00,000, which was connected and commercialized to the IF Cooperative account in the name of C to the Egypt North Korea, and transferred KRW 367,330,00 in total to the said FF Cooperative account in the name of C (i.e., KRW 113,50,000, KRW 253,830,000).

After that, the Defendant transferred the above money to 14 accounts in the name of B, C, and D, and from around 09:39 on the same day, the Defendant was released from the bank located in the Dongjak-gu Seoul Metropolitan Government Sadong Branch of Sadong, and then came to contact with B, C, and D after the Defendant went to the victim.

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