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(영문) 인천지방법원 2013.10.31 2012고단6908
업무상횡령등
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall pay 69,846,313 won to an applicant for compensation.

The above compensation order shall be.

Reasons

Punishment of the crime

1. The Defendant, from around December 2010, was engaged in insurance-related affairs while working as a member in the victim B’s management (ju)D located in Nam-gu Incheon Metropolitan City, as a member.

Since June 1, 2011, the Defendant was detained by law as a crime of violating the Road Traffic Act. On June 2, 2011, the Defendant received two copies of the passbooks in the name of the victim (Account Number: E, F) and one copy of the Nonghyup Credit Card, etc., upon request from the victim to request the victim to take charge of insurance-related affairs, such as insurance contract management, receipt of insurance money, etc., while visiting the victim in the Incheon detention House.

The Defendant, upon receipt of the passbook, etc. as above, voluntarily consumed KRW 81,846,313 in total by means of withdrawal or credit card settlement, etc. over 168 times from around the same day to November 16, 201, and embezzled KRW 81,846,313 by withdrawing KRW 3 million from the Agricultural Cooperative Account (Account Number E) of the victim’s personal purpose on the same day, and consuming it for the personal purpose.

2. On August 3, 2011, the defrauded G, the owner of the building, made a false statement to the purport that “B, the president of this company, was in the detention house, made a traffic accident, and made a mutual agreement by reducing security money.” As such, the Defendant made a false statement to the effect that “The security money is changed.”

However, the defendant did not have been delegated with the authority to refund the deposit from B.

Nevertheless, the Defendant, by deceiving the victim as such, received 8,950,000 won from the victim as the refund of deposit in the same place.

3. On August 201, the Defendant and one-person (“H”) conspireded to commit a crime of conspiracy - Forgery of private documents, and the Defendant of the event of the aforementioned investigation document conspired to receive a loan under the name of the victim, by sending text messages, “H” while having been considered as having failed to obtain a loan of credit in bad credit standing. However, “H” was committed as if the victim was the victim B, and “H” was offered.

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