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(영문) 춘천지방법원 강릉지원 2016.09.08 2016고단830

횡령

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On April 29, 2009, the Defendant made the victim D to use the passbook and cash card under the name of the Defendant at the office near Ansan-si (E) and the National Bank account (F), and refused to return the deposit amounting to KRW 81,032,925, including KRW 63,01,883 and the deposit amounting to the above National Bank account of KRW 18,021,042, which was deposited in the said National Bank account, for the victim. On June 30, 2009, the Defendant arbitrarily reported the loss of the above account and received a re-issuance of the passbook. From that time to July 3, 2009, the Defendant embezzled the total amount of KRW 80,94,248, by using it as living expenses, such as withdrawing the deposit amount of KRW 38,67,77,00.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the defendant (including D's statements)

1. Application of Acts and subordinate statutes on account details;

1. The relevant Article of the Criminal Act, Article 355(1) of the Criminal Act, the reason for sentencing choice of imprisonment with labor, and Article 355(1) of the Criminal Act, and Article 355(1) of the Criminal Act, and the reason for sentencing of imprisonment with labor for a considerable period of time, have not been recovered from damage that was not subject to a fine for a crime committed in violation of the Food Sanitation Act in 2002: Provided, That the scope of sentencing recommended in sentencing guidelines for which the victim does not express any particular intent concerning the punishment of the defendant