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Reasons
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(영문) 서울북부지방법원 2013.07.11 2012고정3236
횡령
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Defendant shall be punished by a fine of 300,000 won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The defendant and the victim C are born out of society with knowledge from 2006.

Around September 2010, the Defendant invested KRW 17 million with the victim, and the Defendant entered into a contract with each other to bear KRW 50:50,000 in cases where profits or losses are incurred by investing shares in the said money. On September 27, 2010, the victim remitted KRW 17 million to the bank account under the Defendant’s wife’s name on September 27, 2010. On the same day, the Defendant deposited KRW 17 million in the treatment securities account (Account Number: E) in the said name and began to invest in shares.

On October 13, 201, the Defendant completed investment in stocks and kept 30,000 shares of the Hague on behalf of the victim, which were deposited in the said securities account, around July 25, 2012, sold 2,00 shares of the Haguep shares of KRW 30,000 per share and embezzled 2,40,000 won per share for sale by using them for personal purposes, such as living expenses, at will, at around that time, at KRW 2,40,000 per share.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Second and third police suspect interrogation protocol (including the part recorded in C’s statement) against the accused;

1. Application of statutes on contracts;

1. Relevant provisions of the Criminal Act and Article 355 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Judgment on the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act

1. Summary of defense counsel's assertion;

A. Since the partnership relationship between the Defendant and the victim falls under the so-called anonymous partnership relationship in which stock investment is wholly entrusted to the Defendant, the Defendant does not have the custody of another’s property.

(Chapter 1). (b)

At the time of July 25, 2012, the Defendant and the victim have already been distributed 30,000 shares of the Haguep on July 25, 2012 by the share investment contract between the Defendant and the victim.

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