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(영문) 대구지방법원 안동지원 2020.02.05 2019고단800
횡령
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Justice] On April 13, 2017, Defendant B was sentenced to four years of imprisonment for fraud, etc. in the Suwon District Court’s Ansan Branch on April 13, 2017, and the judgment became final and conclusive on November 17, 2017.

【Criminal Facts】

Defendant

B around June 18, 2014, D, the representative of C, the victim C, "B, belongs to E, a company specializing in debt collection, and performs the debt collection business. It is possible to recover attempted claims at an early time upon delegation of the Daegu-gu debt collection." When D, upon commissioning Defendant B to collect the debt to F, Defendant B introduced Defendant A, and Defendant A was entrusted to F with the debt collection from D around June 2015.

Accordingly, Defendant A from July 9, 2015 to the same year

9. The Defendant B received a total of KRW 74,400,000 from F and received a remittance of KRW 74,40,000 from F to 10 times, and the Defendant B received a proposal and received money from F and delivered KRW 25,20,000 to Defendant B, and the remainder was consumed voluntarily as living expenses, etc., and Defendant B voluntarily consumed KRW 25,20,000 from Defendant A.

As a result, the Defendants conspired and embezzled the property owned by the victim C.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to D by the police;

1. A suspect's name, details of account transactions and account transactions;

1. Details of issuance by real name number of cashier's checks;

1. Agreement of execution of agreements;

1. The reply No. 2015 Chicago2479 and a statement of evidence;

1. Agreements and power of attorney;

1. Investigation report (to hear a complainant's D phone statement);

1. Previous records: Application of criminal records, inquiry reports (B), personal confinement status, investigation reports (report on attachment of judgment by reference B) and Acts and subordinate statutes;

1. Relevant Articles and 355(1) and 30 of the Criminal Act and the Defendants’ choice of punishment concerning criminal facts: The Defendants shall be punished by imprisonment with prison labor

1. Defendant B of concurrent crimes: Article 37 of the Criminal Act.

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