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(영문) 광주지방법원 2018.06.07 2018고정316

업무상횡령

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

From June 8, 2015 to January 27, 2016, the Defendant embezzled proceeds of KRW 2,936,540 from the operation of the said taxi from August 1, 2015 to January 22, 2016, while he/she was engaged in the business of driving the said taxi under the jurisdiction of the victim limited liability company that is a taxi company located in 733-6 remaining in Gwangju North-gu, Gwangju, for a personal purpose.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of partially the police officers of the accused;

1. Statement made by the police against C;

1. Current status of earnings by driver, etc. on August 2015;

1. Application of the Acts and subordinate statutes of working contracts, such as letters, resumes, certificate of driving experience, and employment of drivers;

1. Relevant Article of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act (generally, selection of fines) concerning the facts constituting an offense;

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;