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(영문) 대구지방법원 안동지원 2014.11.07 2014고단741

횡령

Text

A defendant shall be punished by imprisonment for seven months.

Reasons

Punishment of the crime

1. The Defendant’s embezzlement against the Victim C was requested on March 31, 201 to keep the Defendant’s office located in Ansan-si D, in custody of KRW 34,153,794 as well as the wages in arrears and retirement allowances received from E by the victim C who was aware of his/her reputation.

The Defendant withdrawn on March 31, 201, KRW 1,000,000 from the Agricultural Cooperative Account (Account Number: G), which was transferred to the Agricultural Cooperative Account in the name of F, and used the said amount as the price for its construction materials.

In addition, from around that time to May 8, 201, the Defendant arbitrarily consumed 18,705,750 won, including the Defendant’s material cost, office rent, etc., by the same method over a total of 17 times, as shown in attached Table 1.

2. On May 2, 2012, the Defendant, at the above office of the Defendant, received from the victim a debit card of KRW 29,100,000 and a deposit of KRW 4,00,00 in the H’s credit account (Account Number:J) in the name of the victim, under the pretext that the Defendant prepared for the property of the victim H to be engaged in the same business with the victim’s H at the above office, and received from the said apartment purchaser in cash a debit card of KRW 900,000,000, respectively, in the name of the said apartment purchaser.

While the Defendant kept the amount deposited in the above account and cash for the victim, the Defendant used the amount of KRW 6,50,000 on May 9, 2012 as the Defendant’s material cost and personnel expenses.

In addition, from around that time to September 12, 2012, the Defendant arbitrarily consumed KRW 23,480,810 by means of the Defendant’s material cost and criminal agreement over a total of 12 occasions, as shown in attached Table 2.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the K, C, H, and F;

1. Application of Acts and subordinate statutes to each report on internal investigation (No. 6,7) (Evidence List No. 7);

1. Relevant Article 355 (1) of the Criminal Act and Article 355 (1) of the same Act (to select imprisonment, collectively, for each crime committed against the same victim);

1. The Criminal Act among concurrent crimes.