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(영문) 서울남부지방법원 2017.10.20 2017고단3536
횡령
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 2, 2017, the Defendant, who misrepresented the employees of a new financial loan team, stated that “When sending a e-mail card, it would be possible to create a transaction performance and obtain a loan at a low interest rate” from a person in unsound name, the Defendant sent a e-mail card connected to the new bank account (Account Number: D) under the name of the Defendant, to the above person in unsound name by visiting a e-mail card.

After that, on March 10, 2017, at a place where it is impossible to know the location of the victim E, a person who was not the name of the beneficiary, misrepresented the victim E with the intention of counseling at the new bank center, and made a false statement that “if the existing loan amounting to KRW 15 million is repaid, a loan of KRW 33 million may be granted at a low interest rate.” Accordingly, at around 10:21 on the same day, a person who was damaged shall transfer the amount of KRW 15 million to the above new bank account in the name of the defendant.

While the Defendant received KRW 15 million from the injured party on the same day and kept for the victim, the Defendant arbitrarily consumed and embezzled the amount of KRW 13 million to another new bank account (Account Number:F) in the name of the Defendant through a mobile banking system, and then used his debt repayment, etc. around that time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement to E: Victims;

1. Data on transactions with Korean banks;

1. Data on reply to warrants;

1. A G statement;

1. - Application of transaction-related laws and regulations

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Determination of punishment shall be made in consideration of the following: (a) the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act; (b) the background of the crime; (c) the amount of damage; and (d) the victim expressed his/her intent not to punish the defendant; (d) the record of the crime (two times before and after the crime); (c) the circumstances after the crime; and (d) the age of

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