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(영문) 서울중앙지방법원 2012.07.26 2012고단1824

A defendant shall be punished by imprisonment for six months.


Punishment of the crime

From February 2011, the Defendant operated the Internet shopping mall of Gangnam-gu Seoul Metropolitan Government D as the victim E and engaged in the operation of the said shopping mall and fund management.

From February 14, 201 to July 20, 2011, the Defendant received a total of KRW 168,000,000 from the said victim to the deposit account in the name of a new bank in the name of the Defendant in the said shopping mall from the said shopping mall office from February 14, 201 to July 20, and operated the said shopping mall, in violation of his duties on February 18, 201, used KRW 150,000 out of the said money as the Defendant’s personal debt repayment as well as consumed in mind. From around that time to December 6, 2011, the Defendant acquired property benefits by using the said method to consume KRW 50,693,902 in total for personal use on 11 occasions as indicated in the list of crimes in the attached sheet, and inflicted property damage equivalent to the said amount on the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes on the details of transactions in each account and use of investment funds;

1. Articles 356 and 355(2) of the Criminal Code of the pertinent criminal facts (amended by Act No. 356 and 355(2) of the Criminal Code) (amended by Act No. 356 and reason for sentencing) recognize that the Defendant used the amount stated in the facts charged for personal purposes, all of them were made under the consent of the victim E. However, considering the degree of the victim E’s attitude of statement, the Defendant may be deemed to have been in the position of “a person who administers another’s business” for reasons of the liquidation relationship after resolving the relationship or the relationship between E and E at the time of the instant crime, and the Defendant voluntarily consumes each amount listed in the facts charged from the business relationship or liquidation relationship for personal purposes.