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(영문) 부산지방법원 2015.10.15 2015고정454

업무상횡령

Text

A defendant shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

From May 2009 to November 201, 2013, the Defendant served as the president of the C&D branch of the C&D branch from May 2009, and has been engaged in the overall operation of the said branch, the collection and management of money, advertising agreement expenses, etc.

1. On November 23, 2011, the Defendant: (a) received KRW 300,000 from the representative H of G for the purpose of supporting the above branch from the Hyundai MotorF store located in Geumcheon-gu, Busan; (b) around that time, the Defendant embezzled it by consuming food expenses, etc. at a cafeteria in the trade name in the Busan City.

2. On November 19, 2012, the Defendant deposited KRW 2 million out of 1.5 million to the above branch, and embezzled the remainder of 500,000 won by consuming food expenses, etc. around that time, while the Defendant received from the representative J of I, the sponsor of the above branch, as advertising agreement expenses, from the account of community credit cooperatives under the name of the Defendant.

3. On December 10, 2012, the Defendant deposited KRW 600,000,000,000,000 from the representative L of KK Co., Ltd. which is the sponsor of the above branch in Busan City, to the account of community credit cooperatives under the name of the Defendant, and embezzled the remainder of KRW 100,00,00,000,000 from around the time when it was kept for business purposes.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of witnesses M, N and H in the second trial records;

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

1. Relevant Articles 356 and 355 (1) of the Criminal Act and the choice of fines for the crimes;

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;