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(영문) 춘천지방법원 강릉지원 2019.01.17 2018고단464
횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant, who runs an authorized brokerage business, was entrusted by the victims to receive investment money from the Cbank account (D) in the name of the victims and to execute the fund by arranging the site for the power plant for solar power generation projects promoted by 16 victims listed in the list of victims, such as B, as well as B, and two children of the Defendant participated as investors.

1. The Defendant, on February 25, 2015, transferred KRW 3 million from the victim B to the above account in the name of the Defendant and from that time, from that year.

3. From May 12, 2015, 200 won of additional investment amounting to KRW 24,220,000,000 for each of 16 victims was remitted, and around May 2015, the victims requested the victims to pay KRW 2,220,000 of additional investment amount due to lack of business funds, and the victim E received transfer of additional investment amount from the victim E to the above account in the name of the defendant and the same year from that time.

5. Until October 19, 15, 15 victims except the above B were remitted total of KRW 33.3 million, and Defendant’s own funds deposited KRW 29.7 million and deposited KRW 3.3 million for the victims, the Defendant voluntarily used KRW 42,145,030 out of the above investment funds until October 2016, including transfer of KRW 3.3 million to a bank account in the Defendant’s wife’s name to the victims for living expenses, etc.

Accordingly, the defendant embezzled the victims' property.

2. As above, the Defendant agreed to include funds from selling pine trees in the business site in investments in the process of carrying out solar power generation projects with the victims, and sells trees within the business site to H on March 18, 2016, and KRW 2 million from H around March 18, 2016, respectively.

4.1.3 million won, etc. was transferred to the J bank account in the name of Defendant I and kept for victims.

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