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(영문) 서울중앙지방법원 2016.09.07 2016고정528
횡령
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 27, 2015, the Defendant: (a) received a request from the victim E to transfer overseas investment funds to the “F” company located in French territory through D through the victim’s knowledge that the Defendant had known to the Defendant; and (b) received a request from the Defendant to the “F” company located in French territory; and (c) received a total of KRW 324,573,440 from May 27, 2015 to May 13:40 of the same day, the Defendant was transferred from the victim to the account in the name of the National Bank (Account Number H) in the name of the State from around 12:40 to 13:10 of the same day.

Although the Defendant received KRW 324,573,440 from the victim upon the request to request for overseas remittance from the “F” company in France, the Defendant did not interfere with an overseas remittance, following the transfer of KRW 50,000,000 out of the above remittance amount to the national bank account (Account Number I) in the name of the Defendant on May 27, 2015, following the transfer of KRW 15:0 on May 27, 2015, and used it as the Defendant’s personal vehicle lease fee, insurance premium, living expenses, etc. in the name of the Defendant, and did not interfere with the victim’s overseas remittance.”

Accordingly, upon receiving a request from the victim for the return of the above money remitted by the victim, “The amount of KRW 100 million shall not be withdrawn until the end of this month, because the account of the corporation that received the remittance of the money does not occur,” and “the remaining amount shall not be returned to the money located in the individual passbook in the corporate passbook, but shall be borrowed and paid KRW 200,000,000,000,000 to the money deposited in the corporate account, because the money is not withdrawn from the corporate passbook. It shall instead be removed from the other corporate passbook.” The fact is that the victim returned the money deposited in the corporate account as above to the corporate account and returned the money at a place other than the money deposited in the Defendant’s personal account, and the remaining amount of KRW 24,573,40,00 shall be returned as the fee.

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