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(영문) 대구지방법원 안동지원 2018.01.12 2016고단874

횡령등

Text

The sentence against the accused shall be determined by one year and six months of imprisonment.

Reasons

Punishment of the crime

[criminal history] On December 19, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for larceny, etc. in the Gwangju District Court’s Macheon Branch on December 19, 2013, and completed the execution of the said sentence in the Macheon Prison on June 18, 2014.

[2016 Highest 874]

1. On August 22, 2016, the Defendant was delegated by the victim D in Gwangju-si, Gwangju-si, to withdraw KRW 1 million in cash from the damaged party in the Esing practice room operated by the victim D on August 19, 2016, and was subject to the delegation of the Defendant’s cash card owned by the victim.

At around 19:00 on the same day, the Defendant, at the same time, posted the said Agricultural Cooperative Card at the central branch of the NAF, 68 non-afford, in cash, withdrawn KRW 1 million in cash from the NAF account of the victim, and embezzled the property of the victim, without justifiable grounds, while having been kept for the victim.

2. On August 22, 2016, the Defendant used computers, etc.: (a) obtained pecuniary benefits equivalent to the amount of KRW 4 million by inserting the said card to the Defendant’s Gwangju Bank’s account (G) account; (b) having been holding the said cash card at the 419-U.S. New Airport branch for the said reasons as referred to in paragraph (1) of the said paragraph; (c) having entered the said card in a cash automatic withdrawal machine; (d) having been holding the said cash card at the 419-U.S. branch for the said location; and (e) having transferred the said cash card password to the Defendant’s Gwangju Bank account (G) without authority.

[2017 Highest 270] The defendant and the victim H are living together.

1. On April 8, 2017, the Defendant committed the crime, at around 06:00 permanent residence on April 8, 2017, with cash of KRW 420,00,000 owned by the victim who had been in the cremation in the domestic cremation room, at the place of residence of the victim I, who had been in the domestic cremation room.

2. On April 11, 2017, the Defendant committed the crime, around 06:30 on April 11, 201, 2017, on the part of the above victim’s residence, the victim divingd the victim at the victim’s place of residence, with the cash amount of KRW 440,00,000 owned by the victim posted under the bee.

[2017 Highest 290] Defendant is located in the Suwon-gu of Busan on August 27, 2016.