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(영문) 대전지방법원 2018.09.20 2018고단889

업무상횡령

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On May 2017, the Defendant opened a car page called “B” for the purpose of jointly purchasing camping goods on a cyber site and applied for a vicarious purchase of camping goods from members of the Kafe to the Kafefe, and had them jointly purchase and deliver the relevant camping goods at a low level.

On May 22, 2017, the Defendant reported on the contents of the above Kapet bulletin board, and embezzled KRW 50,000,000 in total from May 2, 2017 to July 2017, the Defendant received from the victim C, who applied for joint purchase of the above Kapet bulletin board, to deposit account in the National Bank in the name of the Defendant, and embezzled it for business purposes, without using it as the purchase price for each camping machine as the purchase price for each camping machine requested by each of the victims at each of the cities at each of the times, and, as shown in the attached list of crimes, embezzled KRW 56,486,00 in total from May 2017 to July 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police;

1. Each criminal complaint, a petition, and a report on cybercrime and a written statement;

1. Details of each financial transaction, details of deposit transaction, receipt, verification certificate, certificate of transfer confirmation, relevant remittance documents, account transfer statement, inquiry of the results of transfer, statement of transfer, inquiry of transaction details, transaction results, inquiry of transaction details, transaction details, transaction details of deposit and withdrawal, and remittance details;

1. A detailed statement of transaction details, an Internet transfer confirmation certificate, a copy of passbook, and an Internet banking detailed inquiry;

1. Each text message or related text message;

1. The screen of each closure, the closure screen, the details of conversations, and the closure of a camera, the details of conversations, and the screen of the NAF-faf course;

1. Each internal investigation report and investigation report;

1. A list of purchases;

1. Application of Acts and subordinate statutes on response to financial data;

1. Articles 356 and 355(1) of the Criminal Act concerning criminal facts and choice of imprisonment with labor.