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(영문) 서울북부지방법원 2016.05.19 2015고단4349
횡령등
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[2015 Highest 4349] While the Defendant was entrusted with the sale and purchase of shares by the victim C, D, E, F, and G and traded shares with the victim’s money, the Defendant had expressed mind that the Defendant would be embezzled by using the method of receiving compensation of KRW 100 million of investment loss from H that entrusted the Defendant with the sale and purchase of shares, and paying the amount of the shares owned by the victims to the said H.

On February 6, 2012, the Defendant stated that “I have good shares, so I have to make an investment once,” and had C purchase 300 shares of Hyundai Multis Co., Ltd. through the Defendant, and had C keep the above shares in the account under the name of the Defendant around August 21, 2012.

After selling 300 shares of the above 300 shares held by other investors for the above victim C, the Defendant embezzled the proceeds of sale as personal debt repayment, and embezzled them from around 12 times in total, as shown in the list of crimes in the annexed sheet of crimes, since around that time, the Defendant embezzled 64,815,169 won.

[2015 Highest 4466]

1. On October 29, 2014, the Defendant made a false statement to the effect that “The Defendant, on November 1, 2014, received money from the victim I and thought it to be used as a repayment of investment loss to other investors, and, despite the absence of any intent to purchase the tecoop shares, he/she would make an investment of KRW 7 million in the tecoop.”

On November 1, 2014, the Defendant, by deceiving the victim as such, received 7 million won from the victim to the bank account (J) account of the Defendant under the name of the Defendant on November 1, 2014, and acquired it by deceiving the victim.

2. On March 30, 2015, the Defendant’s fraud was smartphones in a light place on March 4, 2015.

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