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(영문) 부산지방법원 2013.11.07 2013고정4228

업무상횡령

Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

From October 21, 2007 to October 15, 2012, the Defendant served as an employee in charge of overall business in the Busan metropolitan area of Mas and card terminals operated by the victim B from October 21, 2007, and has been engaged in the business of installing, maintaining and managing Mas and card terminals and receiving management expenses.

On May 1, 2011, the Defendant received management expenses from “D”, which is a franchise store at an influent place, and deposited them into the E account operated by the Defendant’s branch, not the victim’s account, and kept them for business purposes. At that time, the Defendant transferred them to the Defendant’s personal account and consumed them for personal purposes, such as oil expenses.

In addition, from around that time to May 1, 2012, the Defendant embezzled KRW 2,279,188, which was part of the amount received from chain stores, such as the list of crimes in the attached Table, in mind.

Summary of Evidence

1. Defendant's legal statement;

1. Each police officer statement concerning B and F;

1. Application of Acts and subordinate statutes on investigation reports (the specification of the amount of embezzlement, 326 pages of investigation records);

1. Article 356 of the Criminal Act and Articles 356 and 355 of the Criminal Act, the choice of fines for the crime;

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

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