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(영문) 서울중앙지방법원 2015.12.10 2015고정2550

업무상횡령

Text

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

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

Reasons

Punishment of the crime

From November 6, 2011, the Defendant has been engaged in delivery and collection as a delivery center of “Ccafeteria” operated by the victim B.

On January 1, 2012, the Defendant arbitrarily consumed and embezzled the amount of KRW 724,00 in sum from the Gangnam-gu Seoul Metropolitan Government F, such as collecting KRW 14,00,000, after delivering food to the customers residing in E at the “Ccafeteria” located in Gangnam-gu Seoul Metropolitan Government D1st, and then collecting the amount of KRW 14,00,000.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. A complaint;

1. Application of Acts and subordinate statutes to investigative reports (verification of the amount of damage caused by a copy of the attached delivery book);

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;