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(영문) 서울남부지방법원 2016.05.31 2014고단5041
횡령
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant would sell to the victim C with curios Co., Ltd. (hereinafter “D”).

From March 23, 2011 to April 17, 2011, it was stored on three occasions by delivery of 91 points of curios, including 1 point of the Cheongdok-si, the Cheongdok-si, the main body of the victim.

Since July 13, 2011 to February 4, 2012, the Defendant returned the remainder of the curios except for the 111 points owned by the victim to the victim, and on February 4, 2012, the Defendant agreed to dispose of the curios in D and pay the price therefrom by March 30, 2012 between the victim and the victim, thereby keeping 11 points of the curios owned by the victim for the victim (hereinafter “the instant curios”).

1. On April 2012, the Defendant: (a) borrowed KRW 200 million from E from E to other curios; (b) offered each of them as security and delivered each of them by providing each of the following points: (c) the blue white-gu Seoul Jongno-gu Seoul Metropolitan Government Party (“Seoul”); (d) the Defendant borrowed KRW 200 million from E; and (c) the Defendant offered each of them as security for blue-gu E’s main electronic document with which the market price on the victim’s ownership is unknown; and (d) the Defendant offered each of them as security for blue-gu’s main electronic document with which the victim’s market price is unknown at the same location on July 2012.

Accordingly, the Defendant embezzled four points of curios with which the market price on the victim's possession is unknown.

2. On April 27, 2012, the Defendant borrowed KRW 27 million from H to the J operated by H from around 27, 2012, the Defendant offered one point as security on the non-influent entry of the Uniform Franc, the victim’s market price of which is unknown to H, along with other curios. On June 30, 2012, the Defendant sold KRW 17 million a main electronic of the Cheong Man-ro Skic, the main text of the Cheongdong-gu, the Defendant purchased KRW 15 million from H to the same place on July 17, 2012, and the Defendant borrowed KRW 15 million from H to the Plaintiff’s market price cannot be known.

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