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(영문) 대전지방법원 2016.12.08 2016고정715

업무상횡령등

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

1. On April 8, 2013, the Defendant engaged in occupational embezzlement as an employee in charge of the duties, such as delivering food ordered by the injured party C employed in the D cafeteria operated by Daejeon Jung-gu, Daejeon, and collecting the price.

On May 19, 2013, at the D restaurant operated by the victim C in Daejeon-gu, Daejeon-gu, Daejeon-gu, around 20:00, the Defendant kept 3.3 billion won of food collected by the Defendant and 2.60 thousand won of food collected by the Defendant, the same employee as the Defendant, and E and F, for the victim. At that time, the Defendant did not refund the above money to the victim and embezzled the money for the personal use of the Defendant from around one week thereafter.

2. The Defendant: (a) around 20:00 on May 19, 2013, at a D restaurant operated by the victim C in Daejeon-gu, Daejeon-gu; (b) on the part of the victim C, the victim’s market value of KRW 1.5 million, and stolen the victim’s 1.5 million.

Summary of Evidence

1. Examination protocol of the accused by prosecution;

1. C’s statement;

1. Application of Acts and subordinate statutes to a report on investigation (collection of stolen soil contamination);

1. Relevant legal provisions concerning criminal facts, Articles 356 and 355 (1) of the Criminal Act (the point of occupational embezzlement), Article 329 of the Criminal Act, and the choice of fines, respectively;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.