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(영문) 의정부지방법원 고양지원 2019.09.27 2019고단159
횡령
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

On September 2015, the Defendant and C had been askeding for the custody of some of the money to be paid to B, who had been demanding to compensate for the money in a wooden manner, in relation to the case of consuming KRW 100 million in the name of “the cost of lending money for purchasing four parcels, such as Silung E,” against the Defendant and C, which he came to know through the introduction of the Defendant and C around August 2015.

1. On September 2015, the Defendant and C, in relation to the joint criminal conduct with C, requested the Defendant to keep KRW 10 million of the partial amount of damage compensation to be paid to B in relation to the case in which the victim acquired 100 million of the loan work cost against B immediately before the end of the 2015, and conspired to use it for C who was charged with the credit card loan obligation at the time.

On September 24, 2015, the Defendant received KRW 10 million from the victim to the F bank account (G) in his/her name, and stored for the victim, with a request from the victim to temporarily keep in custody at a place unknown to him/her. On the same day, the Defendant transferred KRW 5 million from the F bank branch in Seocho-gu Seoul, to C (I) bank account in the name of the F Bank branch in Seocho-gu, Seoul on the same day, and C used KRW 5 million as the principal and interest of the card loan even though he/she was well aware that the Defendant was the victim’s money.

Accordingly, the Defendant, in collusion with C, embezzled the property stored for the victim.

2. On September 24, 2015, the Defendant’s sole criminal defendant was kept for the purpose of delivering to B the sum of KRW 40 million, including the remittance of KRW 10 million to the victim, while requesting the custody of the money in the name of the Defendant’s bank account (G) in connection with the loan work cost of KRW 100 million incurred immediately before the victim at a place where it is unknown on or around September 24, 2015, and upon requesting the custody of the money in the name of the victim for the payment of damages to B, KRW 10 million,000,000 from March 7, 2016, and KRW 10 million from May 4, 2016.

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