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(영문) 서울중앙지방법원 2016.08.17 2016고정750
횡령
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On January 2013, the defendant received KRW 50,00 for the police officer, and transferred a passbook, cash card, and password connected to the agricultural bank account opened in the name of the defendant, but the contact with the transferee of the passbook, etc. was cut down.

On January 31, 2013, the Defendant reported the loss of the cash card to the said Nonghyup account, which is the Defendant’s name, and received re-issuance of the said card, and confirmed that the money owned by the victim’s name was deposited to the said account and the balance remains in KRW 1,674,830. While being kept for the victims, the Defendant withdrawn a total of KRW 1,670,000 on three occasions, and then embezzled by using it as living expenses, etc. in the first place of the front week.

Summary of Evidence

1. A second-time protocol concerning the examination of the suspect against the defendant;

1. Investigation report (to attach CCTV photographs to post offices with previous business ethics and vibration);

1. CCTV photographs;

1. Application of the AFF Bank Act;

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 to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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