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인천지방법원 2014.04.03 2014고단341
횡령
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[Attachment] The Defendant was sentenced to three years of imprisonment with prison labor for special larceny, etc. at the Incheon District Court on June 3, 2010 and completed the execution of the said sentence in Daejeon Prison on October 18, 2012.

【Criminal Facts】

The defendant served as the driver of the victim C while lending the above passbook, etc. to the victim by the bank account in the name of the wife E, the passbook, and the check card in the name of the victim at the request of the victim, and the victim was used to deposit and withdraw his business funds through the above passbook, etc.

As above, the Defendant had been aware of the fact that a large amount of business funds are deposited and acquired the said money by fraud.

On April 17, 2013, the Defendant, at the head office of the bank located in the Jung-gu Seoul Jung-gu, Seoul, reported the loss of the passbook to the above E, and received a re-issuance of the passbook, and made a false statement to the effect that “The Defendant would withdraw KRW 125 million.”

However, in fact, the money was not the money of the defendant, and the defendant did not have the right to withdraw the money.

The defendant obtained KRW 125 million from E and acquired it by fraud in the same place.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police interrogation protocol on D or E;

1. Statement made by the police in relation to C;

1. Descriptions of the transaction tax investigation, details of account transactions, written agreement on the use of deposit passbooks, and investigation report (CCTV confirmation case); and

1. Previous records of judgment: Application of each of the Acts and subordinate statutes stated in criminal records, references to criminal records, each investigation report (in relation to decisions subject to repeated crimes of suspects, reports on inquiry into the status of confinement, and reports on the results of dispositions and dispositions);

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, Article 347 (1) of the Criminal Act selection of the penalty, and reasons

1. Application of the sentencing guidelines [Determination of the type of crime] - not less than 100 million won for general fraud, and less than 500 million won (type 2) [Special Aggravation] - Aggravation factors: - Mitigation factors for identical repeated crimes (person who is an offender):

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