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(영문) 광주지방법원 2014.12.11 2014고단1820

사기등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Occupational embezzlement [Amount of Embezzlement: 9,92,460] Defendant is a person who served from April 2006 to May 31, 2013 as the clerical staff of the victim E-certified judicial scrivener office in Gwangju Dong-gu and provided consultation, preparation of documents, and provision of bank deposits according to E’s instructions.

On September 8, 2010, the defendant, at the above office, deposited KRW 774,100 in the name of the victim who deposited KRW 774,100 in the name of the client F in terms of the expenses and fees for the case such as the application for provisional attachment of claims, etc., he withdrawn KRW 320,000 from the above passbook on the same day and arbitrarily used it as living expenses, etc. without using it as the case cost.

B. Around September 17, 2010, the Defendant: (a) deposited KRW 2,579,360 in the above office under the same name as the above paragraph (a) for the victim; (b) withdrawn KRW 2,139,360 from the above passbook on the same day; and (c) arbitrarily used it as living expenses, etc. without using it as the case cost.

C. On September 28, 2010, the Defendant deposited KRW 1,268,740 in the above office with the name of the above paragraph (a) above and deposited KRW 1,068,740 for the victim. On the same day, the Defendant withdrawn KRW 1,060,000 from the above passbook on the same day and used it as living expenses, etc. without using it as the case cost.

On November 19, 2010, the Defendant deposited KRW 1,616,80 in the above office under the same name as the above paragraph (a) in the course of business, and then withdrawn KRW 1,610,000 from the above passbook on the same day and used it as living expenses, etc. without using it for the case cost.

E. On May 23, 2012, the Defendant deposited KRW 2,170,00,000 from the 342-13, Dong-dong, Gwangju-dong, Gwangju-dong, in terms of the expenses and fees for filing a request for auction by the clients of the above office, from the 305,000 won remaining after withdrawing the said amount from the above head of the above head of the Tong-dong under the pretext of the expenses and fees for filing a request for auction.