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(영문) 서울중앙지방법원 2015.02.05 2014고단7541
횡령
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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

1. On July 2008, the Defendant sent a large number of stories to the Victim C, Inc., Ltd., Naxxx (hereinafter “Naxxx”) on the part of the Defendant. The Defendant decided to purchase KRW 200,000,000 shares of Naxxx, through the Defendant.

On July 30, 2008, the Defendant entered into a share acquisition agreement to purchase 200,000,000 won of the purchase price of the said shares from the victim to the deposit account in the name of the Defendant at the National Bank in the name of the Defendant, and had the victim keep the shares for the sake of the victim.

During that period, the defendant, at the place in which it was impossible, remitted to D only KRW 40 million, and embezzled the remaining KRW 50 million by using the defendant's arbitrary repayment of the loan of the head of Maspbook.

2. Around November 2009, the Defendant requested D to return money of KRW 400 million of the victim who delivered D, such as the above Paragraph 1, to D.

D decided to return part of the above KRW 400,000,000 around November 2, 2009, around November 6, 2009, KRW 20,000,000 around November 13, 2009, KRW 50,000,000 around November 13, 2009, and KRW 20,000,000 to the deposit account in the name of each Defendant’s employee G, and the Defendant kept the victim in custody to return the above KRW 100,000 to the victim.

On November 2, 2009, the Defendant transferred KRW 10 million to the deposit account in the name of H, a corporation in which the Defendant had operated at an unsound place on November 2, 2009, and used it as operating expenses of the said corporation. On November 6, 2009, the Defendant transferred KRW 15 million to I for the repayment of the Defendant’s personal obligation, and used it to transfer KRW 40 million to J for the repayment of the Defendant’s personal obligation.

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