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(영문) 서울중앙지방법원 2013.11.01 2013고정5250

횡령등

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

On March 22, 2012, the Defendant received from the victim D a debit card and a password of a new bank owned by him/her, while working as an employee at the main point of Seongbuk-gu Seoul Metropolitan Government “C” located in Seongbuk-gu, Seoul, and received a request from the victim D to withdraw KRW 300,000 in cash.”

At around 01:09 on the same day, the Defendant released a total of 9.60,000 won by using the above debit card and the password from the cash withdrawal machine located within the mutual incomprehive convenience store located in Seongbuk-gu Seoul Seomundong, Seongbuk-gu, Seoul, four times, and then consumed it as living expenses at around that time.

As a result, the Defendant arbitrarily consumeds the custody of KRW 300,000 upon request from the victim and embezzled it, and at the same time withdrawn KRW 660,000 exceeding the above amount by violating the duty to withdraw KRW 300,000 upon request from the victim, thereby acquiring property profits equivalent to the above amount and causing damages equivalent to the above amount to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the draft D;

1. Article 355 (1) of the Criminal Act applicable to the facts constituting an offense and Article 355 (2) and (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.