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(영문) 부산지방법원 2017.04.21 2017고단1255
횡령
Text

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

Reasons

Punishment of the crime

The Defendant is a person who runs a company D (hereinafter referred to as “D”) that runs an overseas trade business in Dongdaemun-gu Seoul Metropolitan Government.

E, F, and G are able to commit international trade fraud by hackinging e-mail of domestic companies with names and influencies (one-H) in China, and by sending e-mail to the trading company and remitting money.

E, on September 23, 2016, sent a false e-mail to the victim N (N. ; hereinafter “victim”) who is a trading company of the said company, using M similar to the above e-mail after hackinging the e-mail (L) account between F and G in the name of the victim company and the non-indicted J from September 6, 2016 to September 22, 2016, E sent a false e-mail to the victim N (N. ; hereinafter “victim”) who is a trading company of the said company, using the said e-mail to request the transfer of the seafarer’s wages. The e-mail included in the above e-mail had an employee in the name of the victim company to transfer USD 212,400 (one thousand U.S. dollars 236,464,920) to one bank in the name of the above bank around September 23, 2016.

As above, while the Defendant kept 236,464,920 won on behalf of the victim company for the victim company, he did not take necessary procedures, such as returning it to the victim company on the same day, and he embezzled it by voluntarily using it as the money for the transaction partner, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Copy of each protocol concerning the examination of suspects of G or F;

1. Each police statement made in relation to P and Q;

1. A copy of the bankbook; and

1. The details of the bank account in the name of D (the defendant and his defense counsel shall be deemed to have deposited the price of goods by D at the time of receipt of remittance from the victim company.

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