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(영문) 서울중앙지방법원 2014.05.23 2014고단1676
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. The Defendant is a person who, from June 27, 2005 to December 31, 2013, served as a driver of the victim D by the auditor of the (State)C located in Si interesting City B from June 27, 2005.

On July 25, 2013, the Defendant: (a) at the Seocho-gu Seocho-gu Seoul Metropolitan Government Seocho-gu Seocho-gu Seocho Center Branch of the Seocho-gu Seocho-gu Seocho-gu, the Defendant received the victim’s deposit account, etc. from one bank account in the name of F for the rent, management fee deposit, withdrawal of management expenses, and induction; (b) transferred KRW 10 million from the said account to the account under the name of the Defendant and consumed voluntarily due to the Defendant’s debt repayment, etc.

In addition, from around that time to December 16, 2013, the Defendant transferred total of KRW 63 million to the account under the name of the Defendant, such as the list of crimes (1) as shown in the attached Table of Crimes (1), and embezzled it by voluntarily consuming the Defendant’s debt repayment, etc.

2. On June 17, 2013, the Defendant received cash services using the said oneSK card and received 1.5 million won cash services by using the said oneSK card from a location in the Jinro of Han Bank, which is located in the 707-1, Gangnam-gu, Gangnam-gu, Seoul, to use it for his/her debt repayment, etc.

However, even if the defendant receives a cash service of KRW 1.5 million, he did not have the intention or ability to pay it.

In addition, from around that time to November 22, 2013, the Defendant obtained the cash service of 5.7 million won in total on six occasions, such as the list of crimes (2) as shown in the attached Table of Crimes (2).

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning G;

1. Application of Acts and subordinate statutes to the details of withdrawal and remittance of deposits without permission, and the details of cash services for personal cards without permission;

1. Relevant Article 355(1) of the Criminal Act (the point of embezzlement and the choice of imprisonment), and Article 347(1) of the Criminal Act concerning criminal facts;

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