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(영문) 대구지방법원 서부지원 2016.06.08 2016고정142

업무상횡령

Text

Defendant shall be punished by a fine of KRW 300,000.

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

Reasons

Punishment of the crime

From December 2, 2014 to January 2015, the Defendant and B engaged in the production of film and the management of activity expenses as PD belonging to the "C" of the youth clubs in Daegu City.

Around December 16, 2014, the Defendant: (a) knew that he received 1,288,000 won from the representative D of the East Asia to the Daegu Bank account (E) in the name of B as the activity expenses of “C; and (b) conspired with B to use the said money voluntarily for personal purposes.

B following the above public offering 2015

1. 5. On January 12, 2015, the Defendant voluntarily consumed KRW 2.50,500,000 among the above accounts at the place located in the Daegu Bank located in the Daegu Suwon-gu District, Daegu-gu, Daegu-ro, Daegu-ro 61 on January 12, 2015, the sum of KRW 100,000,000 from the above accounts at the point located in the Daegu-gu, Daegu-ro, Daegu-ro, Daegu-ro, and KRW 100,000,000,000 from the above accounts around January 17, 2015, and then the Defendant and B consumed KRW 2.50,000 for personal purposes each of them. Then, on January 17, 2015, the Defendant and B provided meals in the “G restaurant” located in the Daegu-gu, Daegu-gu, Daegu-gu, Seoul-do, with the cost of food and drink, regardless of film pictures.

Accordingly, the defendant, in collusion with B, embezzled the victims' property.

Summary of Evidence

1. Statement by the defendant in court;

1. Second-time protocol concerning suspect B of the police;

1. Statement made by the police against D;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article of the Criminal Act and Articles 356, 355 (1), and 30 of the Criminal Act concerning the choice of criminal facts;

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;