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(영문) 대구지방법원 2020.02.06 2019고정976

업무상횡령

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

From October 2017, the defendant has been managing the funds of the above child care center as a person who has been working as the president of the D child care center representing the victim C in Daegu-gun B from October 2017.

The Defendant received a corporate card (E, F) in the name of the above child care center (E, and F) whose use was specified as food expenses, ordinary food expenses, etc. from the victim and embezzled 5,170,200 won by arbitrarily settling the said corporate card nine times in total from the above date to August 10, 2018 from the H convenience store located in Daegu-gun G around June 3, 2018, including arbitrarily using the said corporation card for the purpose of purchasing goods.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

1. E details of use;

1. Application of Acts and subordinate statutes to investigation reports (business registration certificates for childcare centers and business registration certificates for corporate cards);

1. Relevant Article 356 of the Criminal Act and Articles 356 and 355 (1) of the Criminal Act, the selection of fines for the crime;

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