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Reasons
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(영문) 광주지방법원 순천지원 2015.01.07 2014고정669
횡령
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Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 2, 2012, the Defendant lent the name of the gas station operator C to the complainant B, and around October 2012, the Defendant transferred the passbook and the seal in the name of the Defendant to the complainant, thereby allowing the complainant to use it.

On November 16, 2012, the Defendant received notice of the fact that the complainant deposited KRW 40,000,000 in the account in the name of the Defendant, and reported the loss of the passbook in a false way by putting the phone to the NAC Center on the phone of this day in order to withdraw and use it. On November 19, 2012, the Defendant received a re-issuance of the passbook at the NAC branch located in 600, Mapon-dong, Mapyeong-dong, 190 on November 19, 2012.

While the Defendant received a re-issuance of a passbook in the above manner and kept the passbook of KRW 40 million for the complainants, on November 19, 2012, the Defendant embezzled KRW 300,000 from the cash payment machine for the above NAFFFFFF to E account on November 19, 2012; KRW 1,00,000 in cash from the cash payment machine for the assets 331-2 located in Changwon-si, Changwon-si; KRW 1,00,000 in cash from the cash payment machine for the above NAFFFFFFFFF, around 13:24; and KRW 36 million in cash from the above MUFFFF’s assets 13:30,000 in cash, and embezzled it for personal use, such as living expenses, in mind.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. A criminal investigation report (an investigation on the date of re-issuance of bankbooks for suspects and the date of withdrawal of damage amount);

1. Application of Acts and subordinate statutes to response to financial information inquiries;

1. Relevant Article 355 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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