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(영문) 인천지방법원 2013.10.24 2013고단1080
배임등
Text

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

Reasons

Punishment of the crime

[2013 Highest 1080] around December 25, 2011, the Defendant received a request from the victim D to receive loans from the victim in the E-cafeteria operated by the victim D, Nam-gu Incheon Metropolitan City, and received the passbook and cash card from the Industrial Bank of Korea under the name of the victim. On January 2, 2012, the Defendant received a loan from the Busan Southern Capital to the above account and managed the said loan and did not withdraw the loan against the victim’s will.

Nevertheless, on the 3th day of the same month, the Defendant arbitrarily transferred the above 16 million won to an account in the name of F with the name of F, thereby acquiring property benefits equivalent to the above amount, and suffered property damage equivalent to the same amount for the victim.

[2013 Highest 1949] The Defendant is a person who worked as a business director of the victim (the state)G from November 1, 201 to March 31, 201, and was engaged in the collection of claims.

On November 3, 2010, the Defendant was found in the residence of H, a debtor of the claim transferred by the victim company, and was in custody for the victim after receiving KRW 1,00,000 in cash as debt repayment from H. Around that time, the Defendant embezzled KRW 9,356,00 in total over 13 times from that time until April 11, 201 in the same manner, as shown in the list of crimes in the attached list.

Summary of Evidence

[2013 Highest 1080]

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A loan agreement, a cash storage certificate, and a copy of each passbook (2013 Height 1949);

1. Defendant's legal statement;

1. Statement to the prosecution of I;

1. Statement to J police officers;

1. Each complaint;

1. Application of Acts and subordinate statutes submitted by the J as a statement, such as a power of attorney, and related documents submitted by the complainant J;

1. Relevant Article 355(2) and (1) of the Criminal Act, Articles 356 and 355(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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