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(영문) 춘천지방법원 2015.09.10 2015고정176
횡령
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On February 19, 2014, the Defendant was sentenced to imprisonment with prison labor and two years and two months at the Suwon District Court for fraud, etc., and the judgment became final and conclusive on April 25, 2014.

The Defendant, from July 2012 to July 2012, is a person who has provided a loan consultation with a mutual lending company of “C”.

On October 16, 2012, at the victim E office located in Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant received documents necessary for loans, such as a passbook of a national bank account (Account Number:F) opened in the name of the victim, a cash withdrawal card, a certified copy of resident registration card, etc. from the victim E office of the victim located in Yeongdeungpo-gu Seoul Metropolitan Government, along with a request to request the victim to lend the amount of KRW 30 million from the victim.

Accordingly, around October 28, 2012, the Defendant applied for a loan in the name of the victim by accessing the site of Hyundai Swiss Savings Bank by using a computer installed in the place where it is unknown at that location. On October 29, 2012, the Defendant transferred KRW 4 million from the Hyundai Swiss Savings Bank to the above national bank account at around October 29, 2012 and stored for the victim. On October 29, 2012, the Defendant transferred the above loan KRW 4 million to the G Nonghyup Bank (Account Number: H) account (Account Number) kept and managed by the Defendant at around 13:28 of the same day, and embezzled it by voluntarily consuming it as the Defendant’s living expenses, such as taxi expenses.

Summary of Evidence

1. Defendant's legal statement;

1. E statements of the police suspect interrogation protocol of the defendant

1. Statement to E by the police;

1. Previous convictions in judgment: Criminal records and application of respective statutes governing judgment;

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

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act are concurrent crimes with the latter part of Article 37 of the Criminal Act, for which the sentencing guidelines do not apply.

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