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A defendant shall be punished by imprisonment for one year.
Of the facts charged in this case, the charge of breach of trust is not guilty. The judgment of the court below is not guilty.
Reasons
Punishment of the crime
On January 2007, the Defendant: (a) received a request from the victim C, who is unaware of intelligence, and may see the banking business, and (b) received a request from the victim C to “to substitute for the purchase of goods necessary for daily life, payment of public charges, and necessary banking business; and (c) received each passbook of the Busan Bank Account (D) and the Nong Bank Account (E) with which the victim’s wages, etc. are paid; and (d) stored for the victim after receipt of one copy of each passbook, cash card, and BC Card connected to the said account.
1. Embezzlements money deposited in Busan Bank Account;
A. On August 10, 2010, the Defendant: (a) withdrawn KRW 30 million, which was under custody in the Busan Bank account in the name of the victim for the victim; (b) deposited into his/her own agricultural bank account; and (c) embezzled by using it for personal purposes; and (d) embezzled 33 million won in total on two occasions, such as the daily list of crimes in attached Form (1) from around that time to September 19, 2012.
B. On April 10, 2008, the Defendant embezzled KRW 100,60,000,000, which was under custody in the Busan Bank account in the name of the victim, for personal purposes, such as arbitrarily withdrawing the amount of KRW 15,00,000, which was deposited in the account under his/her own name, and then depositing it into the account of his/her own term deposit. From around that time to September 24, 2014, the Defendant embezzled KRW 10,60,000 in total, as shown in (2) No. 2, No. 3 (4.3 million), No. 4 (10,00,000) and Nos. 5 through 11, as stated in the List of Crimes (2).
2. The Defendant, at the same place as on January 6, 2009, embezzled money deposited in the Defendant’s agricultural bank account by using it for personal purposes, such as arbitrarily withdrawing KRW 25,00,000,000, which was kept in the account in the name of the victim for the victim, and depositing it in the account in the account of his own name at the same place. From around that time to December 26, 2014, the Defendant used it for personal purposes and embezzled money. From around that time, up to December 26, 2014, Nos. 4,5,7, 8, 9, 9, and 10,00 won in total, as indicated in the List of Crimes (3), No. 49,60,000,000,000,000 as indicated in No. 10.