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(영문) 광주지방법원 순천지원 2019.08.22 2018고단2584

업무상횡령

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months and a fine not exceeding three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who has served as an employee in the victim-affiliated fund holding company(2018 high-class 2584).

On December 2, 2017, the Defendant: (a) to transport a DNA franchise vehicle of an amount equivalent to KRW 10 million at the market price owned by the victim company at the Jeju Jeju Jeju Provincial Office located in Seoul Special Metropolitan City; and (b) was transferred the said vehicle and kept it for business purposes; (c) concealed the said vehicle in the vicinity of the Gyeonggi-do Special Metropolitan City; and (d) embezzled it by communicating the victim company with the person in charge of the victim company.

"2019 Highest 1316"

1. The defendant is a person who has violated the Road Traffic Act (unlicensed Operation) and the Act on Special Cases concerning the Settlement of Traffic Accidents (Bodily Injury) and is a person engaged in driving service of R110 Oba.

The Defendant, at around 17:50 on November 30, 2018, driven the above motorcycle and proceeded along the apartment entrance from the management office to the apartment entrance in the direction of the apartment road at the time when drinking water, without a motorcycle driver's license, was at the time. It is a place where pedestrian traffic is frequent, as a road which does not distinguish one lane from that of an apartment, and in such case, the Defendant, who is engaged in driving duty, has a duty of care to safely drive by checking the front door and the left and right.

Nevertheless, the Defendant neglected to do so and proceeded to the port from the right side of the Defendant’s course by negligence, and thereby, received the left side of the victim G (the age of 42) on the left side of the said road, with the front wheels of the Defendant’s driving.

As a result, the defendant driving the above motorcycleba without a motorcycle driver's license, and suffered injury to the victim, such as an unexplosion of the detailed outline that requires treatment for about four weeks due to the above accident.

2. The Defendant in violation of the Automobile Loss Guarantee Act is a non-registered person who is a holder of the MR110 Oral Ba.

The Defendant did not subscribe to mandatory insurance at the same time and place as paragraph (1) above.