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(영문) 대구지방법원 2018.06.15 2018고합125
특정경제범죄가중처벌등에관한법률위반(횡령)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Around October 30, 2009, the Defendant was aware of about 40 years, and was asked to lend two bank lending safes to the Defendant. Around that time, the Defendant provided two bank lending safes under the name of the Defendant, and the victim began to use two bank lending safes (E and F) in the name of the Defendant.

On October 11, 2017, the Defendant came to know that the victimized person deposits a considerable amount of cash in the above lending safe, and then, at the PB center in the Daegu-gu PB center in the name of the Defendant for the victim at the 1,100,423,830 cash owned by the Defendant for the victim (E Treasury 457,110,830, FF Treasury 625,313,00,000 won) in four shopping bags. The summary of the evidence is as follows: (a) the Defendant arbitrarily embezzledd and embezzled the amount of cash owned by the Defendant for the victim; (b) the amount of cash owned by the Defendant for the victim; and (c) the amount of cash deposited in four shopping bags.

1. Statement by the defendant in court;

1. Some statements made to the accused in the protocol of interrogation of the suspect against the prosecution;

1. Statement made by each prosecution with respect to D and G;

1. Details of each account transaction, each record of entry and withdrawal, each record of the registry of the apartment of the defendant, a certified copy of the registry of the H outstanding amount of money, data related to inherited property, a photograph of the vehicle owned by the defendant in the Daegu Bank shopping bags containing money, the register of two motor vehicles owned by the defendant in the name of the defendant, each text message, each printed message, each passbook receipt of deposits without passbook, and submission of evidence (6, memographic photo);

1. Application of Acts and subordinate statutes to an investigation report (the termination of a credit cooperative for a loan, the confirmation of CCTV data screen containing four kinds of cash, suspect's benefits, reporting on the deposit of suspect cash, confirmation of suspect's virtual currency investment, confirmation of suspect's virtual currency use, confirmation of damaged source of money, and confirmation of source of money use of suspect's money);

1. Article 3 (1) 2 of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and Article 355 (1) of the Criminal Act concerning the crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1.Article 62(1) of the Criminal Code of the Suspension of Execution (hereinafter referred to as the following):

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