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(영문) 서울북부지방법원 2014.07.04 2014고단1623
횡령
Text

A defendant shall be punished by imprisonment for one year.

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

[Judgment of the court below] Around April 2013, the Defendant came to know of the victim through the remaining birth of the victim C and had been living together with the victim since February 15, 2014.

At the time of the divorce lawsuit, the victims paid 125 million won to the husband who had been holding 50,000 won in Bank of Korea notes of 50,000 won. On February 11, 2014, the victims exchanged 75 million won out of the cash as 50,000 won in the cashier's checks issued by the National Bank, 10,000 won in the cashier's checks issued by the National Bank, 20,000 won in the cashier's checks issued by the National Bank, 10,000 won in the cashier's checks issued by the National Bank, and 50,000 won in the above cash around February 18, 2014.

【Criminal Facts】

On February 15, 2014, the Defendant was requested to keep 50 million won cashier's checks issued by the above national bank, 10 million won cashier's checks issued by the above national bank, 20 million won cashier's checks issued by the above national bank, 10 million won cashier's checks issued by the above national bank, 10 million won cashier's checks issued by the above national bank, and 1 million won cashier's checks issued by the above national bank on February 18, 2014. On the same ground, on February 18, 2014, the Defendant was requested to keep 30 million won cashier's checks issued by the above post office, 10 million won cashier's checks issued by the above national bank, and 20 million won cashier's checks issued by the above post office.

On February 20, 2014, the Defendant kept the said checks in the Defendant’s wall and used the said checks for personal purposes, such as entertainment expenses, at around 23:00, at the victim’s house, and around that time, at Seoul, Gyeonggi, Gangwon, and Daejeon.

Accordingly, the defendant embezzled the victim's property.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Statement of prosecutorial statement concerning C;

1. Application of Acts and subordinate statutes concerning police seizure records;

1. Criminal facts;

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