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(영문) 부산지방법원 동부지원 2013.09.04 2013고단1502
횡령
Text

1. The defendant shall be punished by imprisonment for eight months;

2. Of the facts charged in the instant case, the portion No. 25-30 of the attached list of crimes is acquitted.

Reasons

Punishment of the crime

B around May 11, 2012, after receiving a request from D to know about the financial company that will loan funds required for the construction of apartment buildings at the same location of the Doyang Securities branch located in Busan Dong-gu, Busan, the B received and kept the passbook in the name of the damaged company in which KRW 100 million was deposited in the name of D in the name of the victim company.

B, while the above 10 million won was in custody for the victim, he thought that the above 100 million won was used for the repayment of his debt which had been already borne by the victim, and that the defendant had opened a passbook in the name of the victim company at the above date, time, place, and remitted the above 100 million won to the bank account in the name of the defendant, and then again requested the creditor to transfer the above 100 million won to the creditor. The defendant consented to the above money for the repayment

Therefore, the Defendant, in collusion with B on May 11, 2012, remitted KRW 24 million from the damaged company’s account to the Defendant’s dynamic securities account, and on the same day, embezzled KRW 1,001,000 in total over 42 times from the above date to May 24, 2012, as indicated in the annexed List of Crimes (excluding No. 25-30).

Summary of Evidence

1. Legal statement of witness D;

1. Each protocol of suspect examination of the accused;

1. Each statement of D;

1. Application of Acts and subordinate statutes on copies of passbooks of each e-mail;

1. Articles 355 (1) and 30 of the Criminal Act applicable to the crimes;

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the part not guilty under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

1. On May 11, 2012, the facts charged No. B is considered to be a financial company to loan funds required for the construction of apartment from D running the victim (victim)C at the same branch of the same dong securities which is located in the Busan East-gu.

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