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(영문) 서울중앙지방법원 2014.01.17 2013고정3299
횡령등
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. Around May 27, 2012, the Defendant, at the victim D’s office located in Seocho-gu Seoul Metropolitan Government 6th floor D’s 6th class 49, planned to return stocks after the completion of trading, and received KRW 1 million as a deposit for stock from the victim and embezzled stocks by using the said money at his/her own discretion without returning the said money even after the completion of trading around June 25, 2012.

2. Around June 20, 2012, the defrauded made a false statement to the effect that “Around August 25, 2012, the Defendant would have repaid the amount of KRW 50 million to the victim, if he/she borrowed KRW 30 million from the said office.”

However, in fact, the defendant did not have a conviction to pay 50 million won with the interest of stock investment, and there was no ability to pay the full amount.

Around June 25, 2012, the Defendant acquired money from the victim to the passbook in the name of E in the name of 30 million won.

Summary of Evidence

1. Entry of each part of the police interrogation protocol against the defendant in the first and second times;

1. Application of the Acts and subordinate statutes governing the statement statement made to D by the police;

1. Relevant Article 347(1) of the Criminal Act, Article 355(1) of the Criminal Act and Article 355(1) of the Criminal Act and selection of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The following circumstances acknowledged based on each evidence presented prior to the conviction of Article 334(1) of the Criminal Procedure Act, namely, ① the Defendant received KRW 1 million from the victim’s deposit, and the Defendant used the same in stock investment even if the said deposit was not a money used for the investment of stocks, see the second police interrogation protocol, etc. against the Defendant 59 of the investigation record, ② the Defendant received money from the victim and notified the victim of the fact that the Defendant would make a stock investment, but the Defendant would make an investment.

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