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(영문) 제주지방법원 2013.05.30 2012고단1452
횡령등
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

When the Defendant leased a coastal passenger fishing vessel D (6.45 tons) operated by the victim C and operated the ship from April 27, 2011 to January 30, 2012, the Defendant: (a) the Defendant was unable to receive the passbook or card from the Suhyup because of the lack of credit standing in the city; (b) the Defendant was asked to the effect that the Defendant was issued with the passbook or card in the name of thener and the card and asked to the effect that “the Defendant was issued with the passbook or card in the name of the victim.” (c) The Defendant was using the Defendant’s name cooperation passbook (Account Number: E), the Suhyup Card (Credit Number: F), and the seal.

1. The Defendant received a demand from the victim for return of the foregoing D(6.45 tons) and the water cooperative passbook, the water cooperative card, and the seal in the name of the victim at a location not exceeding the end of January 2012, the Defendant returned the said D only around that time, and did not return the water cooperative passbook, the water cooperative check, and the water cooperative check, etc. kept in custody for the victim.

Accordingly, the defendant, even though he was required to return a compromise passbook, check-up card, and seal from the victim, has refused to return it and embezzled it.

2. Around July 2012, when the Defendant came to know of the fact that the amount of money sold to the Suhyup using the said D was deposited in the Suhyup passbook in the name of the victim in possession of the victim, the Defendant was willing to withdraw money from the cash automatic payment machine using the Suhyup Card in the name of the victim embezzled, as described in paragraph (1).

On July 16, 2012, the Defendant: (a) included C’s check in the name of the victim, embezzled, as described in paragraph (1), at the top point of the Sungsan Simpo-Eup Sungpo-si, Seopo-si, Seopo-si, in the cash payment season managed by the high branch of the victim Sungpo-si, Seopo-si; and (b) included the withdrawal amount of KRW 5,030,000 and passwords for six times in total; and (c) included 5,030,000 in cash owned by the victim.

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