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(영문) 서울동부지방법원 2014.04.16 2014고단352
횡령
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A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

Punishment of the crime

The defendant has been working as a driver of the victim C from around 2002.

On June 7, 2005, the Defendant asked the victim to open a securities account in the name of the Defendant, and around June 7, 2005, the Defendant opened a securities account (D) in the name of the Defendant at the Korea Investment Securities GSwork branch in Gangnam-gu Seoul Metropolitan Government.

Since then, the victim sold, purchased, and finally left 175,411 shares of KONEX and deposit 1,851,655 won in the above account using the above securities account.

While the Defendant kept shares and deposits deposited in the aforesaid securities account for the victim, on February 22, 2011, the Defendant reported the loss of the securities card and password of the said securities account at the aforesaid Korea Investment Securities GSD branch, and received a re-issuance of the securities card, and then withdrawn KRW 1,80,000 out of the said deposit. On February 24, 2011, the Defendant sold the entire shares of KONEX and sold the total amount of KRW 298,386,750 out of the deposit amount to the said securities account, and then arbitrarily consumed KRW 296,00,000 by remitting the total amount of KRW 297,80,000 to the Defendant’s bank account (E).

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Written complaint filed by C;

1. A criminal investigation report (verification of the user of the embezzlement);

1. Application of Acts and subordinate statutes to inquiries about the details of securities account transactions, and copies of Korean investment securities trading statement and deposit passbooks deposited by complainants;

1. In light of the relevant provisions of the Criminal Act and Article 355(1)(Embezzlement) of the Criminal Act, the punishment shall be imposed by taking into account the following: (a) the relevant criminal facts were embezzled by actively methods of sentencing; (b) the amount of embezzlement was considerably large; and (c) the escape after the crime was committed; and (d) the victim was not agreed upon; and (c) the victim was not recovered from the suspension of execution or more; and (d) the motive, background, means and method of the instant crime; and (e

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