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(영문) 대구지방법원 2020.07.21 2020고단1255
횡령
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant is working for B Bank from 1979 to 2014.

A person who has been in charge of audit duties at the same Daegu branch of B Bank for two years after his retirement, was aware of the victim C as a customer at the time of 2003 when the B Bank is working at the same branch of B Bank, and he was he stored the victim's funds in the name of the defendant.

1. On August 23, 2016, the Defendant was requested from the victim to cash a cashier’s check at the same Daegu Suwon-gu D Bank, Daegu-gu, and the same Daegu-ro branch of the B Bank, Daegu-gu, Daegu-gu, to cash the cashier’s check.

The Defendant, on August 23, 2016, received KRW 100 million from the victim on August 24, 2016, KRW 100 million around August 24, 2016, KRW 130 million around August 25, 2016, and deposited cashier’s checks of KRW 330 million in the account under the Defendant’s name on three occasions from the victim, and transferred KRW 60 million around August 26, 2016, KRW 30 million around August 29, 2016, KRW 60 million around August 30, 2016, KRW 40 million around September 7, 2016, KRW 16,000,000 from the Defendant’s private bank to KRW 360,000,000,000 from around September 4, 2016, to the Defendant’s private bank to KRW 3600,00,000,00.

Accordingly, the defendant embezzled the victim's property.

2. On July 201, 201, the Defendant: (a) requested on the part of the Defendant to provide the victim with a benefit from securities investment trust derivatives under the name of the Plaintiff’s subscription to the derivatives investment trust in the name of the Plaintiff at the Man-dong branch of the Daegu Suwon-gu Party E Bank; and (b) received a request from the victim for the management of derivatives.

The Defendant purchased derivatives from the victim, including KRW 90 million around July 29, 201, and KRW 230 million on August 1, 2011, and managed the funds by taking out derivatives as a member of the Defendant’s account. On July 5, 2016, the Defendant transferred KRW 89,754,787 around July 8, 201, KRW 60,143,237 around July 28, 201, KRW 8,056,583, KRW 70 on August 12, 2016, KRW 158,667, including KRW 728,06,00 on May 23, 2019, and then transferred the funds to the Defendant’s personal account at around that time.

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