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(영문) 부산지방법원 서부지원 2018.11.23 2018고정650

업무상횡령

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

Defendant, C, and D sold smartphones that were under the business custody of the victim to G, a smartphone dealer located in the Dong-gu Busan Metropolitan City, to use them for entertainment expenses, such as drinking value, at the above “F office” office, the Defendant sold smartphones that were under the business custody of the victim to G, a smartphone dealer, and offered to use them for entertainment expenses, such as drinking value.

Defendant, C, and D, on November 2016, in an influent frequency of trade in the Seocho-gu Busan Metropolitan City, Busan, S72 and LG51, when the Defendant transferred the F office to the said G, the Defendant voluntarily consumed the amount of KRW 1 million for entertainment expenses, such as the drinking value, during the course of the business custody of the said victim for the said victim, and then arbitrarily consumed the amount of KRW 10,80,000,000,000 from around three times to November 18, 2016, as shown in the list of crimes in the attached Table, while the Defendant transferred the said F office to the said G.

Accordingly, the defendant, C, and D embezzled the victim's property in collusion.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of each police in relation to C or D;

1. Each police statement made to H and I;

1. Application of Acts and subordinate statutes to each investigation report (the contents of the Kax dialogue, the serial number of the damage, the I currency report, and the H currency report);

1. Articles 356, 355 (1) and 30 of the Criminal Act, and the choice of fines for criminal facts;

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. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.