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Reasons
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(영문) 서울동부지방법원 2018.07.13 2018고단792
횡령
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A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Criminal facts

The defendant purchased shares from the victim D by using the shares account in the name of the defendant, and received the request from the victim D to transfer the shares of the victim to the victim's share account. On February 23, 2017, the defendant received KRW 40 million from the restaurant where the Seocho-gu Seoul Metropolitan Government address is unknown at around February 23, 2017, and KRW 5 million from the 1st floor parking lot in Gwangjin-gu Seoul Metropolitan Government around February 24, 2017, respectively, for the purchase of shares.

Around February 28, 2017, the Defendant purchased shares of KRW 45 million issued by the injured party, and kept them in the KIKO Securities Account (G) account under the name of the Defendant for the injured party. Around March 14, 2017, the Defendant requested the injured party to return the said shares of KRW 4683 on or around March 15, 2017, the Defendant arbitrarily disposed of the said shares of KRW 400 and KRW 320 on March 16, 2017, and KRW 10,000 on March 17, 2017, and KRW 81,730 on March 17, 2017, and the Defendant did not arbitrarily sell the said shares of KRW 4830 on or around the date of the instant public trial to the effect that he/she disposed of all the shares of the Defendant within the scope of his/her defense right to defense within the scope of 630,000 on March 17, 2017.

This embezzled.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police and prosecutor with regard to D;

1. Data submitted by a complainant, such as remittance details (list 2 of evidence);

1. Details of stock transactions with the account of the recipient;

1. Investigation reports (Submission of current status of stock account information in the name of the complainant), investigation reports (verification of changes in the E share price), and the application of statutes;

1. Relevant Article 355 of the Criminal Act concerning the facts constituting an offense and Article 355 of the Criminal Act concerning the choice of punishment;

1.Article 62(1) of the Criminal Code of the Suspension of Execution (hereinafter referred to as the following):

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