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(영문) 인천지방법원 부천지원 2015.08.12 2015고단1086
횡령
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

The defendant was living in the victim C's house upon the request of the victim who was suffering from the disease, and was faced with the care of the victim.

In the meantime, on January 27, 2014, the victim saw that she was satisfing sating, and deposited 30 million won by opening a fisheries cooperative regular deposit account in the name of the defendant at the location of the Sucheon-gu Sucheon-gu Sucheon-gu Sucheon-gu Sucheon-gu Sudong-dong, Seocheon-gu, Seocheon-gu, the victim said that "at the time of the death of the victim, it is the money to be paid to the

The Defendant, while keeping the said deposit, was in need of money to repay the borrowed money from the branch and the bank. On April 29, 2014, the Defendant terminated the said regular deposit account at the flooded branch and embezzled KRW 30 million, and arbitrarily disbursed the said deposit to repay the debt, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the suspect interrogation protocol of the accused by the prosecution;

1. Entry in the letter (Evidence No. 23 pages) attached to the complaint [the defendant and his defense counsel asserted that the above withdrawal was in accordance with the direction of the victim, but the evidence duly admitted and investigated by this court is acknowledged as follows; i.e., the reason why the victim opened an account in the name of the defendant and paid the above money to the defendant; the reason why the defendant withdraws and used the above money; and the reasons why the defendant made and consumed the above money to the victim; and the contents of the letter, it can be deemed that the defendant voluntarily withdrawn and consumed the above money; therefore, the above argument by the defendant and his

1. Relevant Article 355 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the Criminal Act [the scope of recommending punishment] Article 62(1) of the Act on the Suspension of Execution where a significant damage is recovered from mitigation area (one month to ten months) (special mitigation), the said money was dead on November 2014 and the said money was reverted to the Defendant.

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