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(영문) 대전지방법원 2014.02.07 2013고단2905
횡령
Text

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

Reasons

Punishment of the crime

The Defendant is a person who had been working as a warden from November 15, 2009 to January 29, 2010 at the victim D and E actually operated by the victim D and E.

Around November 2009, the Defendant registered the above F station in his name at the request of the victim and E, and borrowed the passbook (Account Number G) and the national bank passbook (Account Number H) under the name of the Defendant to the victim and E, and had the victim use it for the business by keeping the above passbook. On January 2010, the Defendant listened to the lawsuit that “The National Tax Service crackdowns on the transaction of non-data at the F station,” which was “at the F station’s time, crackdowns on the transaction of non-data at the F station.” In response to the case where the Defendant would be liable for the civil or criminal liability related to the operation of the F station, the Defendant received money with money stated in the above passbook.

On January 26, 2010, the Defendant kept 61,570,000 won, which was deposited in the said national bank account in the new bank account in the new bank account in the Dong-dong, Sinju-si on behalf of the victim. On February 25, 2010, the Defendant voluntarily withdrawn 5,200,000 won through two times after re-issuance of a passbook connected to the said national bank account and alteration of the password, and voluntarily withdrawn 6,370,000 won, which was deposited in the said national bank account at the same place around February 24, 2010, and embezzled 2,60,000 won, which was deposited in the said bank account at the Seosung-gu, Daejeon-gu, Daejeon-gu, Korea bank account at its own expense, while being kept for the victim.

Summary of Evidence

1. The defendant's partial statement in court D and I's each legal statement;

1. Part of each prosecutor's protocol of examination of the defendant

1. Determination as to the assertion by the defendant and his defense counsel of the defendant and the defendant's written statement of the prosecutor's office concerning D, a copy of the written statement of the prosecutor's statement, a copy of each passbook, a copy of each passbook, a business registration certificate, a statement of deposit transaction, a certificate

1. The defendant and his defense counsel shall be the defendant who is a representative in his name.

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