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(영문) 부산지방법원 2013.10.16 2013고단653
횡령등
Text

A defendant shall be punished by imprisonment for 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 November 20, 2009, the Defendant was sentenced to eight months of imprisonment with prison labor for a violation of the Customs Act at the Busan District Court on January 28, 2010, which became final and conclusive on January 28, 2010.

1. Around September 24, 2008, the Defendant invested funds of KRW 350,000,000 from the victim D, and the Defendant, with the funds, imported from China to sell it in Korea, and divided profits therefrom. Until the purchase of the loan, the ownership of the loan shall be reserved to the victim, obtained approval from the victim, and an agreement was concluded to fully repay the principal until November 30, 2008, regardless of whether the sale of the loan was completed or not.

In accordance with the above agreement, the defendant acquired the above money from the victim and disposed of it to the other party, and there was a duty to obtain approval from the victim at all times to distribute the profit to the victim.

Nevertheless, the Defendant violated the above duties and disposed of 130 million won in the market price of the victim’s possession in the freezing warehouse located in the Chungcheongnamnam-si from October 1, 2008 to December 18, 2008 to the other without the victim’s approval.

Accordingly, the defendant acquired property benefits equivalent to 30 million won in the market price of the above school, and suffered damages equivalent to the same amount as the victim.

2. The Defendant, with the funds of the victim G, made an agreement by the Defendant using the funds of Jeju-do to purchase the broin from Jeju-do to sell it to the H market and divide the profits therefrom. On December 10, 2008, the Defendant, while receiving the remittance of KRW 16 million from the victim as the broin purchase price, did not use it for its intended purpose and embezzled by consuming it for a personal purpose around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Each protocol on the examination of the suspect against the accused (including parts related to D and G)

1.With respect to D, I and G, respectively.

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