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(영문) 서울서부지방법원 2017.11.29 2017고정1507
횡령등
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On March 8, 2017, the Defendant, at the request of the victim D and deposited KRW 2.5 million in the Defendant’s account as the down payment, was embezzled by withdrawing it around that time and using it arbitrarily without using it as the down payment.

2. On August 26, 2017, the Defendant obtained a total of KRW 1,70,710,200, by inputting information into a data processing device, such as a computer, such as withdrawing KRW 171,70,700, KRW 141,700, KRW 291,700, KRW 301,70, KRW 401,700, KRW 401,70, KRW 400, and KRW 401,70, KRW 401, and KRW 401,70, KRW 200, without authority, from the cash withdrawal machine installed within the F convenience store near Mapo-gu, Mapo-gu, Seoul.

3. The Defendant, at the same time and place as the above paragraph (2) above, takes out the credit cards of one bank without consent from the thief in front of the said D.

In other words, the number of a card known to the general public was entered, and a total of KRW 900,000,000 were withdrawn through cash services twice, including KRW 300,000 and KRW 600,000,000, which was 90,000.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Inquiries into receipts, transaction details, and application of Acts and subordinate statutes of one card approval statement;

1. Relevant Article 355(1) of the Criminal Act (the point of embezzlement), Article 347-2 of the Criminal Act (the point of fraud by using computers, etc.), Article 329 of the Criminal Act (the point of fraud by using computers, etc.), and selection of fines, respectively, for criminal facts;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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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