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Reasons
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(영문) 서울동부지방법원 2014.02.20 2013고단223
횡령
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A defendant shall be punished by imprisonment for six 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

On October 1, 2009, the Defendant received a total of KRW 14,000,000,000 from each of the instant accounts on December 28, 200, after receiving KRW 14,00,000,000 from each of the instant accounts, the Defendant invested in money in the instant accounts in the amount of KRW 14,00,000,000, and made several occasions of stock transactions, and received the seal of the passbook and the victim’s account opened in the name of the victim after being entrusted with stock transaction and investment fund management (hereinafter “instant account”) from the victim F, and received KRW 5,00,000 on the same day from the instant account.

On July 8, 2010, the Defendant kept 5,168,015 won in the balance of deposit received in the instant account for the victim, and voluntarily withdrawn 5,000,000 won out of 12,315,305 won in the balance of the instant account on or around August 6, 2010, and embezzled 17,000,000 won in the balance of 2,316,141 won in the instant account, including withdrawing 2,00,000 won in the balance of 2,316,141 won in the instant account on or around August 16, 2010.

Summary of Evidence

1. Each legal statement of witness F;

1. Statement of F in the protocol of suspect examination of the accused in the prosecution;

1. Statement of the police statement concerning F;

1. A written statement;

1. Application of Acts and subordinate statutes to a complaint, statement of transactions of securities accounts, copy of each mobile phone text message, statement of each financial transaction, statement of money borrowed, written judgment, written judgment, credit report, apartment lease contract, confirmation of change of customer information;

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

1. Judgment on the defendant's assertion under Article 62 (1) of the Criminal Act

1. Defendant's assertion;

A. There is no consignment relationship between the defendant and the victim F, and there was no personnel who has been entrusted by the victim F with the management of shares and investment funds.

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