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(영문) 대구지방법원 경주지원 2016.05.11 2015고정187

업무상횡령

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

1. The Defendant from around July 2, 2012 to the same year.

9. A person who had worked as a gas station at the D rest area in Jinan-gun C, which is managed by the victim B, from September 6, 2012 to September 30, 2012;

9. From July 07:30 to the above gas station, the gas station paid 814,629 won to the vehicle that found the gas station in the above gas station and used the gas station for personal purposes, such as living expenses, hospital expenses, etc. around that time while keeping the gas station for business for the victim.

2. The Defendant from around 07:30 on September 8, 2012 to the same year.

9. From around 07:30 to the above gas station, a sum of KRW 1,688,767, including gas supply price, etc., was used for personal purposes, such as living expenses and hospital expenses, around that time while being kept for business for the victim.

Summary of Evidence

1. Police statements made to E and F;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 356 and Article 355 (1) of the Criminal Act (generally, selection of fines) concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;