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(영문) 광주지방법원 목포지원 2013.07.09 2013고단508

횡령

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

【Before the latter part of Article 37 of the Criminal Act, the Defendant was sentenced to imprisonment with prison labor and one year and six months for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. (ththth thth thief) in the Gwangju District Court on January 29, 2013 and the said judgment became final and conclusive

【Criminal Facts of Crimes” around April 201, the Defendant: (a) knew that B had registered the business of “D” in the name of “B” for the victim C; (b) opened the Busan Bank account to use the passbook in the name of “D; and (c) conspired with B to withdraw the transaction amount deposited in the said account from the victim’s customer to use it; and (d) B to withdraw the transaction amount deposited in the said account in the name of the victim; and (c) the Defendant took charge of the role of withdrawing the money owned by the victim after re-issuance of the said passbook in the name of the victim; and (d) the Defendant moved the vehicle owned by the Defendant to the bank to withdraw cash along with B to withdraw the money.

On April 25, 201, the Defendant conspired with B on April 25, 2011, and embezzled KRW 54,590,000 among the deposits deposited into the said account after having reported the loss of the passbook to the staff in charge of Busan Bank on the name of the victim, who kept the money of KRW 54,584,802, which was transferred from the Busan Bank's Busan Bank's business partner to the account under the name of B for the transaction payment at the Busan Bank's Busan Bank's Busan Bank's 658-4 on the same day in collusion with B on April 25, 201, and then arbitrarily consumed it as entertainment expenses, etc. at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the suspect examination protocol concerning B by the prosecution;

1. Copy of the protocol of interrogation of the police as to B;

1. A copy of each police statement concerning C;

1. A copy of a bankbook;

1. Previous convictions of judgment: Investigation report (verification of the previous facts) and copy of judgment shall apply 1.0% of the Acts and subordinate statutes;