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(영문) 서울중앙지방법원 2016.07.20 2016고정253

업무상횡령등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. The defendant is a person who works in the DPC room operated by the victim C in Gangnam-gu Seoul Metropolitan Government;

On December 28, 2015, the Defendant embezzled the sales amount of KRW 65,00,00, which was worked and kept in the above PC room on December 21, 2015.

2. On December 09, 2015, the Defendant: (a) around 00:00, the Defendant: (b) held that the Defendant received the damaged carter from the staff who had served in the said DPC room again, while drinking alcohol at the trade influorial and influorial drinking house near Gangnam-gu Seoul, Gangnam-gu, Seoul; and (c) caused the theft of KRW 300,000 in cash. The gist of the evidence was that the Defendant’s use of drinking alcohol at the same time was

1. Statement of the defendant in the second public trial records;

1. A written statement (C);

1. Application of Acts and subordinate statutes to report on investigation (to hear statements by victim telephone);

1. Relevant Articles 356, 355(1) (the point of occupational embezzlement) of the Criminal Act, Article 329 of the Criminal Act, and the selection of fines for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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;