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(영문) 제주지방법원 2019.07.26 2019고단485
업무상횡령등
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

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

Reasons

Punishment of the crime

From March 29, 2012 to January 18, 2017, the Defendant has been engaged in credit collection business, such as subscription to new deposit and installment savings, at the Cdong branch in Jeju City, and at the C south branch in Jeju, from January 19, 2017 to May 27, 2018.

The Defendant believed that the Defendant was able to freely use or conceal the money returned by cancelling the deposit in the name of the victim following the death of the victim by using the circumstances in which the victim E (the age of 80) was aged and returned home, and mainly charged the Defendant with his/her deposit-related business. The Defendant was willing to subscribe to a new deposit in the name of the victim in order to arbitrarily consume or conceal the money returned by cancelling the deposit.

On December 10, 2013, the Defendant divided the victim’s term deposit account (Account Number G) in which KRW 100 million has been deposited at Cdong branch into “80,000 won” and “term deposit account (Account Number H) with KRW 20,000,000,000,000. In order to withdraw the deposit, the Defendant: (a) completed one copy of the customer deposit sheet in the victim’s name to cancel and withdraw the deposit; (b) forged one copy of the customer deposit sheet in the name of the victim, which is a private document on the rights and obligations; (c) submitted it to the bank employees without knowledge of the fact that it was established; (d) removed KRW 20,081,380,00, including interest; and (e) embezzled it for personal purposes; and (e) embezzled it throughout September 12, 2017; and (e) embezzled it in the victim’s name, 2098,000 won; and (e) embezzled it in the name of the victim from September 298.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Partial statement of the suspect interrogation protocol of the accused prepared by the public prosecutor;

1. Each statement made to I written evidence prepared by the prosecution;

1. Prosecutions;

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