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(영문) 대구지방법원 서부지원 2014.11.19 2014고정452

횡령

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant was dispatched from the victim C to the contact technician operated by the victim C, from September 3, 2013 to September 7, 2013, and was dispatched to Jindo-do to work, and received 630,000 won as wages from the victim.

On September 7, 2013, the Defendant received the amount of KRW 1,260,00 from the victim’s actual waterway 18:02 and 18:03 twice, and received a request for return of KRW 630,00 from the victim who became aware of the transfer from the Defendant’s agricultural bank account (E), and embezzled it without justifiable grounds in a manner of refusing it, withdrawing it at will, and consuming it.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Partial statement of the police interrogation protocol of the accused;

1. A complaint;

1. A criminal investigation report (in relation to analysis of the currency details of suspects and attachment), a criminal investigation report (related to attachment of a statement of transaction to a suspect's double deposit account), and a criminal investigation report (related to listening to telephone statements by employees of the NAF branch in the

1. The defendant alleged that he did not return the fact of double remittance. However, the fact-finding (NHFF Bank) defendant alleged that he did not return it. However, the circumstances acknowledged by each of the above evidence, namely, ① the defendant's mobile phone in the event that the defendant joined the Nong Bank's text notice service and received money, namely, the text message stating "the date of transaction, the account number, the amount of money to be deposited, the transaction records, and the balance" is transmitted to the defendant's mobile phone, so the defendant could have known that the defendant merely verified that the balance has increased due to double remittance and the same text message was not overlapped. ② The defendant stated that he did not receive the phone even though he was aware of the phone from the victim at the time of the police investigation, if the money was less deposited, it is natural to receive the phone, ③ the balance of the account at the time when the defendant received money from the victim was less than KRW 9.5 million, and the defendant was less than the defendant.