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(영문) 대구지방법원 2015.06.18 2015고단989

업무상횡령등

Text

One year of imprisonment with prison labor for each of the crimes of Articles 2 through 8 in the decision of the court below against the crimes of Article 1 of the judgment of the defendant.

Reasons

Punishment of the crime

On October 24, 2014, the Defendant was sentenced to a suspended sentence of six months for fraud at the Daegu District Court, which was sentenced to a suspended sentence of six months, and the said judgment became final and conclusive on November 1 of the same year, and is currently under the grace period.

1. "2014 Highest 6657": No person who violates the Electronic Financial Transactions Act shall transfer or acquire the means of access in using and managing the means of access;

Nevertheless, on March 2014, the defendant sent a passbook, physical card, and password in the name of the defendant to the person who was absent from the bank of foreign exchange (Account Number: D) and the Bank of Korea (Account Number: E) in the Shin-dong, Seogu, Daegu-gu.

Accordingly, the Defendant transferred the means of access to electronic financial transactions to another person.

2. "2015 Highest 989": Occupational embezzlement, theft;

A. On December 22, 2014, the Defendant, at around 20:00, worked as an employee at H, operated by the victim G (years 41) located in the North America-siF.

On the same day, the Defendant used the total amount of KRW 400,000,000, which was collected from the money of the victim with his own name and from the customers, for personal purposes, such as living expenses, in around that time, the Defendant used at the Gyeong-gu Seoul Special Metropolitan City Council.

In addition, the Defendant used the total amount of KRW 9,748,700, which was collected from Japan, etc. to February 27, 2015 in the same way as indicated in the separate crime list, for the personal purpose, such as living expenses, around the time when he/she kept for the victims in his/her occupational custody, from around December 22, 2014 to February 27, 2015.

Accordingly, the defendant embezzled the victims' property.

B. A thief (1) On December 24, 2014, while the Defendant was employed by the J in Sung-gu I as an employee, the Defendant stolen the Defendant with 100,000 won in cash owned by the victim K in his/her safe, using the gap in surveillance by the Defendant’s employees.

(ii).