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(영문) 춘천지방법원 2018.05.10 2017고정488
횡령
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 14, 2017, the Defendant found the money deposited in the passbook of the victimized party to the post office of the victimized party in the course of the victim D's interview held in Chuncheon-si, Macheon-si, Macheon-si, Macheon-si, Macheon-si, Macheon-si, with C, and received a request to request the custody of KRW 22,00,000,000 in the custody of the victimized party to the prison.

The defendant was in the post office account of the victim on the same day.

After receiving KRW 29,89,000 from the defendant's agricultural bank account to transfer KRW 22,00,000 to the defendant's agricultural bank account, the defendant transferred KRW 22,00,000 to E who was incurred a debt due to the victim on June 20, 2017, and used KRW 12,00,000 as the deposit money for the defendant's residence in the police on June 2017, and used KRW 12,00,000 as the deposit money for the defendant's residence in the police around October 24, 2017.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect to the prosecution of some of the accused (including D or C large-scale part);

1. An investigation report (verification of transaction details of post office accounts in the name of D), investigation report (A submitted by F), copy of real estate lease contract, copy of one bank bank passbook, statement of deposit and withdrawal of money for each period of account in the name of F, statement of financial transaction account in the name of F, statement of financial transaction in the name of F, statement of transaction in the name of the bank, investigation report (A submission G and E attachment of related data), No. agricultural cooperative transaction confirmation certificate [the defendant is the money to be repaid from the first victim, so embezzlement is not established. However, even if there was money to be paid from the victim as alleged by the defendant, embezzlement is established if the entrusted money is arbitrarily offseted against his own claim (see Supreme Court Decision 8Do1992 delivered on January 31, 1989). This is an assertion that this cannot be accepted].

1. Article 355 of the Criminal Act applicable to the facts constituting an offense and Article 355 of the Criminal Act that the choice of punishment is to be made (including the case).

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