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(영문) 대구지방법원 2012.11.16 2012고단4997
횡령
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Criminal facts

When the defendant is entrusted with money or passbook to the victim B, the defendant created a Masp passbook by raising credit by accumulating a large amount of performance of opening and withdrawing the passbook in the name of the victim.

1. On September 27, 201, the Defendant: (a) ordered the victim to withdraw KRW 2 million from the national bank account (C) in the name of the victim at Libera-dong, Daegu Northern-gu, Daegu-gu; and (b) immediately received and kept the same from the victim; and (c) embezzled the Defendant’s personal business funds at his own discretion around that time.

2. On October 13, 2011, the Defendant had the victim transfer 4 million won from the above national bank account from the above national bank account to D’s account in the name of the Defendant’s former address, and then embezzled by arbitrarily consuming it with the Defendant’s personal business funds.

3. On October 21, 201, around 15:00, the Defendant, at the Dongcheon-dong Branch of the Korean National Bank in Daegu Northern-dong, Daegu-gu, Dongcheon-dong, demanded the victim to withdraw KRW 10 million from the above national bank account, and received and kept the same from the victim, and then embezzled it by arbitrarily consuming it with the Defendant’s personal business funds.

4. On November 3, 2011, the Defendant, while receiving a passbook from the said national bank account from the victim, deposited 4.5 million won in the said account at the non-cash withdrawal season, and embezzled by arbitrarily using it as the subrogated payment for the Defendant’s obligations.

5. On November 25, 2011, the Defendant collected 3 million won from the newcomponary point in the newcompony in the middle-gu, Seogu, Daegu, which had been in custody of a passbook with the victim’s name (E) from the victim, and then embezzled it by arbitrarily consuming it with the Defendant’s personal business funds.

Summary of Evidence

1. Defendant's legal statement;

1. Grade B and F of the suspect examination protocol of the accused by the prosecution;

1. The police statement with respect to B and F.

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