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(영문) 광주지방법원 순천지원 2021.02.17 2020고단1408

횡령

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant and the victim B came to know about July 2017 to around 8, 2017.

1. On January 29, 2018, the Defendant received the request from the injured party for the custody of KRW 22,490,000 in cash owned by the injured party at E branches, among D associations located in Mineyang-si C around January 29, 2018.

Since then, while the Defendant kept the above money for the victim, he voluntarily consumed 2,490,000 won in cash for personal purposes at the store below the old Military World on February 2, 2018, and continued to deposit KRW 10,000,000 around March 2, 2018, and KRW 10,000,000 around March 11, 2018 into the Defendant E Union account (Account NumberF). On March 2, 2018, the Defendant kept the above money for personal purposes, such as paying or remitting it from G to its branch, with a total of KRW 769,50,00,00 for personal purposes, as shown in [Attachment Table 1] from February 2, 2018 to May 14, 2018.

2. On April 2018, the Defendant received a request from the injured party for the custody of KRW 5,00,000 from the victim’s money in custody of H.

On April 12, 2018, the Defendant received transfer of KRW 5,000,00 from H to the I Bank Account (Account Number J) account in the name of the Defendant for the victim, and used KRW 30,000 for personal purposes by voluntarily remitting KRW 30,000 for the victim. From the same day to the same day, the Defendant used KRW 5,00,000,000, which was kept for the victim in total 11 times, from that time to May 8, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A statement prepared by H;

1. Detailed statement of transactions of automation machinery;

1. A statement of transactions in the I bank account under the name of the person under consideration, and a statement of transactions in E in the suspect's name;

1. Application of the Acts and subordinate statutes governing the complaint;

1. Article 355 of the Criminal Act and Article 355 of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment.