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(영문) 울산지방법원 2018.08.16 2017고단2570

횡령

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Criminal facts

"2017 Highest 2570"

1. On March 27, 2017, the Defendant received money of KRW 24 million from the victim B (3) who was deceiving an employee of the management officer of the Defendant to the corporate bank account (D) in the name of the operator of the Defendant, a company bank account (42) in the name of the management officer of the Defendant, at a minor place.

Although the Defendant promised to return the said money to the victim with the knowledge that the said money was wrongfully remitted to the Defendant by an employee of a bank, who was in custody of the said money for the victim, he voluntarily used the said money under the pretext of personal debt repayment, the employee’s salary, etc.

Accordingly, the defendant embezzled the victim's property.

"2017 Highest 3033"

2. On April 11, 2017, the Defendant sent a copy of the passbook under the name of the Defendant to the non-defensor under the name of the Defendant, and came to know, around April 14, 2017, that deposit was made in KRW 8,300,000 to the victim F by committing the so-called Bosing Telecommunications Fraud, and promised to return, such as identifying the contact information of the victim through the bank and directly communicating.

While having kept the victim’s money as above, on April 14, 2017, the Defendant withdrawn KRW 8 million out of the said money from the Nam-dong Agricultural Bank of Ulsan-dong, Ulsan-gu, Ulsan-gu, and KRW 470,000,000 including the remaining KRW 300,000,000,000 from April 17, 2017, and embezzled KRW 8,30,000 for personal debt repayment.

Summary of Evidence

"2017 Highest 2570"

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. "Written confirmation of the occurrence of the instant accident, letters issued, new data for confirmation of transfer, a certificate of confirmation of transfer, and details of account transactions";

1. Statement by the defendant in court;

1. A statement and a written petition of the F;

1. Application of Acts and subordinate statutes on transaction specifications, verification cards, and telephone conversations details;

1. Article 355 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Code, and Article 38.