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(영문) 대구지방법원 2019.02.12 2018고단3148
횡령등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The Defendant, around March 2015, at a hospital located in the Daegu North-gu Mountain-dong, Daegu North Korea, recommended the victims hospitalized by assault B, etc. in relation to the reconstruction cooperative, etc. to file a criminal complaint, to the effect that “all necessary expenses for filing a criminal complaint and the cost of appointing an attorney-at-law need to be changed to KRW 25 million,” and the same year.

4. On October, 10, a victim received a total of KRW 25 million cashier’s checks (number E or F) 25,000,000 won from D Bank issued and kept them. Around the same day, KRW 15,000,000,000,000,000 for the victim’s complaint and attorney’s fee, or the Defendant first paid by April 7, 2015, was appropriated for each of the above expenses, and the remainder of KRW 10,000,000,000 from the Defendant’s account in the name of G by April 22, 2015, and was used arbitrarily around that time.

Accordingly, the Defendant arbitrarily used KRW 10 million, which was kept in custody for the victim, and embezzled by refusing to return it to the victim.

Summary of Evidence

1. C’s legal statement;

1. C’s statement among the suspect interrogation protocol of the defendant against the defendant

1. Part of the police statement against C;

1. A report on investigation (in response to financial data based on the execution of a warrant of search and seizure) and a report on investigation (in relation to the presenter of a check);

1. Details of account transactions in the name of the complainant (issuance of a check), receipts (related to the attorney-at-law's appointment cost of KRW 15 million), data on the total issuance of cashier's checks, check number E-H-H-related data, and I-F-related data;

1. Previous convictions in the judgment: Criminal records, investigation reports (report on the results of confirmation before and after disposition, and confirmation of the date of release), which are the following circumstances acknowledged by the records of the instant case, i.e., the victim consistently stated on April 10, 2015 that the victim paid KRW 25 million to the Defendant as a check on April 10, 2015, for the purpose of filing complaints and appointing attorneys at the hospital. In fact, KRW 25 million check issued on the above date is the sum of KRW 25 million.

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