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(영문) 서울중앙지방법원 2014.01.16 2013고단2522
횡령
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On September 28, 2011, the Defendant: (a) at the Defendant’s residence in Gwanak-gu, Seoul Special Metropolitan City, 104 Dong 102, the Defendant kept the money in cash received from the Defendant’s wife E, who is the victim; (b) at the risk of theft; (c) upon request of the husband’s creditors, the husband’s creditors are able to take custody of the cash in the passbook so that they may take custody of it in the passbook; and (d) at the new forest credit union opened each new passbook in the name of the Defendant and the Defendant’s children, and deposited KRW 30 million in each new passbook in the name of the Defendant and the Defendant’s children, and deposited KRW 12 million in each new passbook in the same form of passbook in the name of the Defendant and the Defendant’s children, and kept KRW 44 million in total for the victim.

However, in order to raise 73,50,000 won for the purchase of private taxiss, the Defendant arbitrarily embezzled KRW 12,290,000 from the passbook in the name of F on September 11, 2012, KRW 2,254,960 from the passbook in the name of F on September 12, 2012, and KRW 29,773,731 from the above passbook in the name of the Defendant on September 14, 2012, and embezzled KRW 44,318,691 from the above passbook in the name of F on September 14, 2012.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Each police officer and prosecutor's protocol regarding E;

1. Certificates of items of collective investment securities, copies of bankbooks, investigation reports (verification of payment details of insurance proceeds), statements of transactions deposited in free savings, application, etc. of the Acts and subordinate statutes of the inquiry table requesting the details of

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

1. Grounds for sentencing: The Defendant: (a) voluntarily withdrawn the fact that the Defendant was entrusted with the custody of the Defendant’s insurance money, interest, and 44 million won, which the Defendant died of and was not entrusted with the custody of the said son’s entire property or the 44 million won, and used the money for the purchase of private taxi; (b) the Defendant does not entirely reflect her mistake; and (c) the Defendant is part of the embezzlement amount, 19 million won.

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