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(영문) 인천지방법원 2018.12.20 2018고정65

횡령

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 5, 2013, the Defendant lent a debit card that was linked to the E bank account under the name of the Defendant’s mother, to the victim C, who was escapeed on a designated number of occasions on March 5, 2013, and the victim was paid KRW 2,590,000 to the above account on the same day.

During the custody of the above money for the victim, the Defendant instructed the Defendant’s Dong FF on March 6, 2013, and then embezzled KRW 1,200,50 to the Defendant’s Dong F’s G bank account in the name of D, and KRW 200,000 to the Defendant’s mother D bank account in the name of D around 19:19 of the same day; KRW 200,500 to the Defendant’s M bank account in the name of FF on March 8, 2013; KRW 200,50 to the Defendant’s F bank account in the name of FF on April 3, 201; KRW 700,00 to the Defendant’s mother bank account in the name of FF on March 10, 2013; KRW 50,500 to the Defendant’s G bank account in the name of FF on March 13, 2013; KRW 205,500 to the Defendant’s name on March 138, 13:505.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made to the accused in the protocol of interrogation of the suspect against the prosecution;

1. The legal statement of the witness C, the witness F and each part of the J;

1. Statement made to the F and J by each prosecutor;

1. Details of deposit and withdrawal transactions, and application of the Acts and subordinate statutes of each specification of transactions;

1. Article 355 of the Criminal Act applicable to the crime, Article 355 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70 (1) and Article 69 (2) of the Criminal Act on confinement in a workhouse (where a sentence of suspension of execution becomes void or revoked and a defendant fails to pay a fine);

1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., Article 62 (1) of the Criminal Act (including the fact that the amount of damage caused by the crime of this case is not large, and that the defendant does not want the punishment of the defendant by an ex