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(영문) 대구지방법원 서부지원 2019.01.24 2018고합155
특정경제범죄가중처벌등에관한법률위반(횡령)
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A defendant shall be punished by imprisonment for not less than two years and six months.

except that the execution of the above sentence shall be suspended for four years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

At around 09:30 on August 9, 2018, the Defendant may receive KRW 10 billion from the victim F, who operates the KBD branch in Seocho-gu Seoul Metropolitan Government Cbank D branch, “if the amount of KRW 5 billion has been deposited in the domestic bank account (H). 5 billion is not used for any other purpose, and is kept in the said account as it is, for the purpose of proving the Government Support Fund, only for the purpose of using it as it is, and return at around 09:00 on August 10, 2018.” The Defendant: (a) linked to the said account; (b) the head of the Tong card was opened, and (c) the Defendant’s horse was transferred from G to the said account, and (d) the Defendant received KRW 5 billion on the same day from the victim and kept it for the victim.

On August 9, 2018, at around 10:30, the Defendant listened to the horses that the Government Support Fund was received from a restaurant located in each of the Seoul metropolitan cities. At around 15:30 on the same day, the Defendant was willing to use the said KRW 5 billion individually, and reported the loss of the passbook issued to the victim. On August 10, 2018, the Defendant applied for Internet banking, and transferred KRW 200 million from the said account to the Internet Bank to the J, Doz., and transferred KRW 300 million from the said account to the Defendant’s name, and around 09:00 on the same day, the Defendant visited the said account in the account in the name of the Defendant, and had the bank staff transfer KRW 4.5 billion from the said account to the said account in the name of the Defendant’s name.

Accordingly, the Defendant embezzled the victim's KRW 5 billion.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to F and G by the police;

1. Business registration certificate, certificate of borrowing, and statement of request;

1. Each investigation report (No. 10,21, 30 No. 10 of the evidence list);

1. Application of Acts and subordinate statutes on seizure records and list of seizure;

1. Criminal facts;

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