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(영문) 수원지방법원 안산지원 2014.05.28 2014고단556
횡령
Text

A defendant shall be punished by imprisonment for not less than three months.

Reasons

Criminal facts

The Defendant, while operating the “B tourer”, has received money from customers who have difficulty in operating the said company at will to use the money received for purchasing airline tickets.

1. On May 2013, the Defendant requested the victim D to purchase 42 airline tickets of Cambodia from the above travel agency office located in Seoul Jung-gu Seoul, Jung-gu C building 210, and around the 31st day of the same month, the Defendant requested the victim D to purchase 10,000,000 won in the national bank account (number: E) of the Defendant’s name on the 31st day of the same month, and the same year;

6.3.2,348,000 won at the same account around the same year,

7.3.Around the same year, around 16,000,000 won by the first bank account (F) in the name of the defendant;

7. Around October, 10, a total of KRW 11,510,00, total of KRW 39,858,000, out of the above money deposited for the victim, it used KRW 23,858,00 for personal purposes such as living expenses and entertainment expenses around that time.

2. Around May 28, 2013, the Defendant requested the victim G to purchase two copies of Turkey airline tickets from the above travel agency office. On the same day, the Defendant transferred KRW 2,200,000 to the Japanese bank account (F) in the name of the Defendant, and used it for personal purposes, such as living expenses, around that time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of the Acts and subordinate statutes governing the G production;

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The crime of this case on the grounds of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes is a case where the defendant arbitrarily uses money received from two customers for the purpose of purchasing airline tickets while the travelr operates, and the sum of the embezzled money reaches approximately KRW 25 million, and the victims are still not adequately recovered from actual damage. Thus, the defendant's sentence is inevitable.

However, the defendant recognizes all of the crimes of this case.

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