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(영문) 서울북부지방법원 2014.05.02 2013고단3042

횡령

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

From November 20, 2006 to July 4, 2013, the Defendant is a person who has served as a branch employee of a bank B in Korea standards.

On June 25, 2010, the Defendant: (a) obtained a bank passbook, seal impression, and password in the name of the victim from the victim D located at a point in Seoul Jung-gu Seoul Central District Office B; and (b) embezzled the amount of KRW 6,930,00 from the bank account in the name of the victim during custody for the victim; and (c) used it in voluntary repayment of debt, etc.; and (d) used 15 times from around that time to April 9, 2013, the sum of money owned by the victim by the same method as indicated in the list of crimes in attached Table 15, such as in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Details and cancellation of bank transactions;

1. Details of transactions;

1. Application of Acts and subordinate statutes, such as banking transactions;

1. Article 355 (1) of the Criminal Act applicable to the crimes and Article 355 of the Election of Imprisonment;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders are against the Defendant’s first offender who led to the instant crime. However, in light of the following: (a) the Defendant, who was an employee of a financial institution, committed the instant embezzlement with trust of customers; (b) the responsibility is heavy; (c) the embezzled amount is the maximum amount of KRW 232,840,00; (d) the amount not recovered until now exceeds KRW 90,00,000; and (e) the amount not recovered has not been agreed with the victim, the Defendant shall be sentenced to a sentence.