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(영문) 청주지방법원 2016.11.10 2016고단891
횡령
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

From May 1, 2007, the Defendant registered the pet dog center of “D” under the name of the Defendant and operated it together with “D” with the husband, the husband, and entered into a partnership agreement with the victim on June 1, 2014 and entered into the same agreement with the victim on June 1, 2014, on which the victim continued to use the card terminal installed in the name of the previous Defendant in the course of operating the pet dog center from June 10, 2014, and the amount of sales of the card was deposited into the livestock bank account (G) in the name of the Defendant, which was established by the new Defendant, under the name of the victim.

1. On June 5, 2014, the Defendant requested a staff member in charge of the National Card Co., Ltd. to change the deposit account of the above pet bank from the Livestock Agricultural Cooperative (H) account that used the deposit account of the above pet bank for the existing account to the Livestock Agricultural Cooperative (I), but the credit card price continued to be deposited into the existing Livestock Agricultural Cooperative (H) account due to the error of business or computer error of the card company, and was deposited into the existing Livestock Cooperative (H). From January 5, 2015 to December 9, 2015, as shown in attached Table 1 of Crimes List 1, the Defendant embezzled the total amount of KRW 28,875,426 from the National Card Co., Ltd.’s KRW 114 times in total for the victim and embezzled it under the name of living expenses, etc. without returning it to the victim.

2. From October 7, 2015 to December 8, 2015, the Defendant, by phoneing on the new card that was a stock company, converted the deposit account for the new card payment from the NA to the new bank account (J) account under the name of the Defendant in the name of the Defendant from October 7, 2015 to December 8, 2015, and embezzled it under the name of living expenses, etc. while receiving a total of KRW 14,50,723 from the new card that was transferred from 40 times to 14,50,723, as shown in the attached Table 2 of Crimes List 2.

Summary of Evidence

1. Court statement of the defendant (the second court date);

1. Each prosecutor's protocol of examination of the accused;

1.F.

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