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(영문) 광주지방법원 순천지원 2016.12.05 2016고정368

횡령

Text

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

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

Reasons

Punishment of the crime

The defendant was a person who operated a mobile phone sales store with C's trade name.

On July 2, 2014, the Defendant concluded the I Operating Agreement with the Victim F in the H film Center and received fees from the E Agency in the case of the Victim F, on behalf of the E Agency, and made a deposit to the E Agency on behalf of the Defendant.

The defendant from September 1, 2014 to the same year

9. By September 19, a mobile phone fee of KRW 1,617,889 paid by customers in cash at the above sales store should be transferred to E agency, but he/she wrongfully consumeds the Defendant’s sales store operating expenses, etc. as stated in the “Attached Crime List”.

Summary of Evidence

1. Defendant's legal statement;

1. F statement made to the accused in the second police interrogation protocol;

1. The police statement concerning F;

1. Application of the Acts and subordinate statutes on the confirmation of the implementation of commitments, (oil) details of charges collection;

1. Article 355 (1) of the Criminal Act applicable to the relevant criminal facts and the choice of punishment.

1. Articles 70 (1) 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;