(영문) 서울중앙지방법원 2014.10.16 2013고단5945

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자간(%)

(영문) 서울중앙지방법원 2014.10.16 2013고단5945

횡령등

Text

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

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

Reasons

Punishment of the crime

1. On April 6, 2011, the Defendant offered to the victim’s house of the victim F, No. 101, 402, Busan Shipping Daegu building 101, the Defendant deposited KRW 200,000 into the victim’s future deposit account in the name of the victim and received delegation of management of the passbook and stock transaction.

On August 29, 201, the Defendant embezzled KRW 48,600,000 in total nine times from the time when he/she transferred KRW 5 million to one bank account under the name of the Defendant from the victim’s future deposit account at the victim’s home on August 29, 201 to the victim’s future deposit account from November 14, 201, as shown in the list of crimes in the attached Table, to the day of November 14, 2011.

2. On September 2012, 2012, the Defendant: (a) taken a thief from the Hju located in Busan Shipping Daegu G, the Defendant: (b) taken the thief from the victim that the victim I, who became aware of in the society, would temporarily see one string of the market value equivalent to KRW 26,00,000, the market value of which was 26,000 in his/her hand; and (c) cut off the thief without returning it to the victim.

3. On September 2012, the Defendant made a false statement to the effect that “The Defendant: (a) viewed the victim’s visibility at the lock point operated by the Gangnam-gu Seoul J and the first floor of the Victim K, and, (b) read, “The I purchased the lock to have the locked with the view of not having the locked; and (c) returned the victim’s lock.”

However, there was no fact that the defendant, like the preceding paragraph, has stolen I's visibility and has allowed the defendant to dispose of the above visibility.

Accordingly, the Defendant received 26,00,000 won from the victim as a visual price in the seat.

Summary of Evidence

1. Each legal statement of the witness K and I;

1. Statement of witness F in the third protocol of the trial;

1. Statement I in the suspect examination protocol of the accused by the prosecution;

1. Each police statement to I, F, and K;

1. Application of the law of specification of transactions 1.

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