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(영문) 전주지방법원 2012.12.12 2012고단680

업무상횡령

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant worked as a clerical staff in the certified judicial scrivener office of the operation of the victim B, and was in charge of arranging documents and opening and withdrawing banks for the victim.

On October 28, 2004, the Defendant: (a) knew that money was deposited in the Japanese bank account in the name of ordinary victims; (b) had a c (this Court Decision 2004Dadan2244 delivered on March 22, 2005; and (c) had a c (this Court Decision 2004Dadan2244 delivered on June 3, 2005; and (d) had a c) had an intention to die without money from the said Japanese bank account; (b) had been urged by the victim to arrange the above Japanese bank account; (c) had been instructed by the victim to arrange the above Japanese bank account; and (d) had the victim’s passbook, seal, and resident registration certificate kept in the above Japanese bank account; (d) has withdrawn KRW 200,000 from the Japanese bank account in order to deduct money from the said Japanese bank account; and (e) has remitted KRW 300,000,000 to the Plaintiff’s father’s c. 34,000,00,00.

Summary of Evidence

1. Each police suspect interrogation protocol against the defendant and C;

1. The police statement concerning B;

1. Investigation report (related to attachment of a copy of a bankbook by the victim), (related to KRW 2 million in cash and an envelope photograph), (related to photographing of a suspect mobile phone), and (C's account tracking, etc.);

1. Indictments of accomplices C and copies of written judgments;

1. Application of Acts and subordinate statutes on seizure records;

1. Taking into account the following facts: Articles 356 and 355(1) of the Criminal Act of the relevant criminal facts; Article 30 of the Criminal Act; Article 30 of the Criminal Act; Article 30 of the Criminal Act; and Article 35 of the Criminal Procedure Act