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(영문) 대전지방법원 천안지원 2017.08.24 2016고단2756

횡령

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

On October 27, 2012, the Defendant received a request from the injured party on October 27, 2012 to keep a bank benefit passbook (Account Number): E) with the victim’s name and a check card connected to the above passbook and manage it.

While the Defendant kept the said passbook and the check card for the victim, the Defendant embezzled KRW 200,000,000 from the branches of the Bank Korea located in Asan-ro 223 around October 27, 2012. From around that time to June 30, 2016, the Defendant embezzled the total amount of KRW 50,594,438, total amount of money owned by the victim in the bank account of our bank over 104 occasions, as shown in attached Table 2, from that time to June 30, 2016.

Summary of Evidence

1. Partial statement of the witness D;

1. Part concerning D in the protocol of interrogation of the suspect against the defendant in the prosecution;

1. Statement made by the police against D;

1. Certificates of the results of deposit transactions in the Korean bank, and details of account transactions in the Korean bank;

1. Application of Acts and subordinate statutes to a report on investigation (Submission of a detailed statement of account transactions with a suspect);

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Reasons for sentencing under Article 62(1) of the Act on the Suspension of Execution [Scope of Recommendation] Type 1 (100 million won or less) of the basic area (decision of sentence) / [Judgment of April-1 year or April] of the Act on the Suspension of Execution does not recognize and reflect the crime even though the nature of the crime is extremely poor, such as arbitrarily consuming the benefits of the victim kept by himself/herself with trust relationship with the victim, and it does not reach an agreement with the victim even though the amount of damage is small. However, there is no criminal history against the defendant, but there is no aspect that the crime in this case occurred due to the lack of clear settlement of expenses for living expenses, travel expenses, etc. occurred in relation to the community life of the defendant and the victim, and there is any other aspect that the crime in this case occurred without clear settlement of expenses for the defendant's age, sex, family relationship, home environment, motive and means of the crime