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Reasons
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(영문) 서울동부지방법원 2019.01.17 2018고단2492
횡령
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A defendant shall be punished by imprisonment for a term of one year and two months.

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

Reasons

Punishment of the crime

[The background of the case] A around August 25, 2009, the Defendant borrowed KRW 200 million from the victim B, who is the seat of the Defendant, to November 25, 2009.

Since the above victim was unable to repay the above borrowed money by the due date, C urged the victim to repay the debt through the defendant. On January 25, 2011, the victim entrusted the defendant with the collection of the debt amounting to KRW 500,000,000,000,000,000,000,000,000,000,000,000,000

【Criminal Facts】

On May 11, 201, the Defendant received KRW 189,190,00 from E, who is the actual operator of D, to a new bank account under the name of the Defendant, for the partial repayment of the loan claim amounting to KRW 500,00,000,000 from that City to March 9, 201, as shown in the separate crime list, and embezzled it by consuming it by arbitrarily lending it to the LAF, etc., from that City to that of March 9, 2012.

Summary of Evidence

1. Each legal statement of witness B, C and G;

1. Examination protocol of the accused by prosecution;

1. Copy of the police statement concerning C;

1. Copy of the protocol of interrogation of the police as to B;

1. Application of the Acts and subordinate statutes to reference documents and accompanying materials for suspect submission, defense counsel’s opinion (Evidence Nos. 33);

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. Judgment on the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act

1. The gist of the assertion is that the Defendant used the instant money with C’s consent, and under C’s consent, H (C’s spouse), a real right holder for the instant money, entered into a monetary loan agreement with F and I to pay on October 29, 2014 the sum of the instant money and interest KRW 265 million on behalf of the Defendant.

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